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Posted

ROC is possible when the condiitonal GC is expiring.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Posted

ROC has nothing to do with your wedding anniversary. I second what @Dutchster told you.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: Other Country: Japan
Timeline
Posted

Thanks. That's what we thought. We were hoping there might be a way to bypass the 2 year wait. 

 

During the interview I actually asked if we could wait 3 more months to be issued the GC and explained that we would have been married 2 years then. Agent said "do you want GC or not?" He wasn't very pleasant. Must of had our interview before he has his coffee. 

Posted

I don't see a reason for any confusion here - you received GC before 2nd yr marriage anniversary- you get to do ROC.

 

Why would you even think about asking IO to delay approval just so you could skip ROC?  

ROC 2009
Naturalization 2010

Filed: Citizen (apr) Country: Brazil
Timeline
Posted
3 minutes ago, milimelo said:

I don't see a reason for any confusion here - you received GC before 2nd yr marriage anniversary- you get to do ROC.

 

Why would you even think about asking IO to delay approval just so you could skip ROC?  

Because it makes things easier? Because some people delay their entrance to the US for this purpose?

I would have.

Filed: Other Country: Japan
Timeline
Posted
12 minutes ago, milimelo said:

I don't see a reason for any confusion here - you received GC before 2nd yr marriage anniversary- you get to do ROC.

 

Why would you even think about asking IO to delay approval just so you could skip ROC?  

Because we were so close to our 2 year anniversary, what would it hurt to ask? It would make things easier since we were almost there.

Posted
25 minutes ago, JPN2US said:

We were hoping there might be a way to bypass the 2 year wait. 

Well there is.... if you get divorced (or file an abuse waiver).

 

 

26 minutes ago, JPN2US said:

During the interview I actually asked if we could wait 3 more months to be issued the GC and explained that we would have been married 2 years then. Agent said "do you want GC or not?" He wasn't very pleasant. Must of had our interview before he has his coffee. 

 

Do you don't have a timeline on your profile, so assuming you didn't AOS, whether you get CR-1 or IR-1 is down to how long you have been married at the time of using the visa, not issuance.

It definitely would have been worth waiting those extra few months, given how much of a pain in the *** the whole ROC process is.

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Filed: Other Country: Japan
Timeline
Posted
16 minutes ago, mindthegap said:

Do you don't have a timeline on your profile, so assuming you didn't AOS, whether you get CR-1 or IR-1 is down to how long you have been married at the time of using the visa, not issuance.

It definitely would have been worth waiting those extra few months, given how much of a pain in the *** the whole ROC process is.

 

Actually we did do AOS. Didn't update timeline yet. Just signed up to ask this question. 

We married in 2015, started AOS process in July of 2016 and got GC in May of this year.

Posted

Trust us. If there was a way to bypass ANY step of the immigration process it would be on the front page of VJ every day. Several times a week this board gets new threads from people looking for ways to speed things up.

 

The long process sucks. We know.

 

But it is what it is.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Other Country: Japan
Timeline
Posted
1 minute ago, NuestraUnion said:

Trust us. If there was a way to bypass ANY step of the immigration process it would be on the front page of VJ every day. Several times a week this board gets new threads from people looking for ways to speed things up.

 

The long process sucks. We know.

 

But it is what it is.

So true! It's a complex process to go through. There is so much information out there, it's hard to weed through it. 

We'll just be patient and wait the 2 years and enjoy our life together.

Posted
1 hour ago, JPN2US said:

Actually we did do AOS. Didn't update timeline yet. Just signed up to ask this question. 

We married in 2015, started AOS process in July of 2016 and got GC in May of this year.

You can not send in the paperwork for ROC until 90 days before the end of the conditional green card. So when does the 2 year conditional card end? 

Posted

If you did a K-1 you must have known that ROC is part of the process. If you didn't know, too bad you didn't research beforehand. If you AOSed from a tourist visa, well...you already skipped enough steps. 

 

Why are you worried about ROC? If it's all genuine, what's to worry about? Being apart is worse, I can assure you. At least you do ROC together.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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