AOS or ROC?? I'm Confused!!

[Jon York 156]

It's been a long time since I've paid attention to all this visa mess!  My fiance arrived here in November 2014 and we were married that same month.  

 

She got her conditional green card and it expires on October 9th this year.  So starting July 9th we can send in the paperwork and finish the process.  But the problem is, I've gotten totally confused over what it is we're doing exactly!  

 

To the best of my memory there were two steps at this point... one was removal of conditions (ROC) and the other was applying for citizenship.  Am I right about that?  

 

I've had the term AOS stuck in my mind and thought that's what we're doing now - but now I remember that's what we did in the beginning when she got her green card.

 

We got a letter from USCIS recently telling us we need to file form I-751 for removal of conditions.  But I seem to remember people saying that at this same time you could also apply for citizenship and that's the part I'm confused about.  What forms do we need to fill out for that?  And what all should I know about the basic process?

 

Thanks so much!  

 

 

[p-ana 933]

You'll be doing ROC (remove of conditions, form i751) first and then when your wife has had her green card for 3 years AND has been married to you for 3 years, she can apply for citizenship. If her roc is still ongoing and her citizenship application is sent, it will trigger them to adjudicate her roc

[Jon York 156]

So, we'll be married 3 years this November.  She will have had her green card 2 years this October.  So we're applying for ROC now.  

 

I thought I had heard last time I checked into this a couple of years ago, that you apply for citizenship at the same time you file for ROC.  But you're saying you have to have been married 3 years and had the green card for 3 years.  That means we'd have to wait another year for the green card to catch up to 3 years.  Is that right?

[Fr8dog 312]

https://www.uscis.gov/sites/default/files/files/form/n-400.pdf

 

see 1 B

 

Check your green card for the date of LPR.

Edited July 1, 2017 by Fr8dog

[Jon York 156]

p-ana and Fr8dog - thank you both so much for your help!

 

So, apparently she can't apply for naturalization until a year from now.  For some reason I thought spouses of citizens applied for ROC and naturalization at the same time.  But now I'm remembering people told me that she can apply to become a citizen after 2 years and 9 months.  Which now makes sense with the 3 years.  After two years she does ROC and then 9 months later (90 days before three years is up), she applies for naturalization!  Now I think I've got it!

 

Thank you so much!

[Jon York 156]

By the way, do we have to file an I-134 Affidavit of financial support when doing removal of conditions?

[p-ana 933]

On 7/5/2017 at 0:35 PM, Jon York said:

By the way, do we have to file an I-134 Affidavit of financial support when doing removal of conditions?

The i134 was only for the k1 visa. You used the i864 for adjustment of status, that's still valid so you won't need any new forms regarding sponsoring 

[Jon York 156]

Great!  Thanks so much p-ana.