2 Years of Marriage Before AOS Interview

[kbhq 4]

Hi, I got married to my wife in March 2017 and I filed my AOS in February 2018 and got my EAD last month.

 

My question is, is there any chance our AOS interview schedules for after March 2019, we would be married for 2 years already and if I'm eligible for a 10 year green card instead of conditional green card? Thanks!

[Ben&Zian 4,398]

11 minutes ago, kbhq said:

Hi, I got married to my wife in March 2017 and I filed my AOS in February 2018 and got my EAD last month.

 

My question is, is there any chance our AOS interview schedules for after March 2019, we would be married for 2 years already and if I'm eligible for a 10 year green card instead of conditional green card? Thanks!

~Moved to Adjustment of Status Case Filing and Progress Reports~

 

That would apply only to my knowledge if you filed for AOS after 2 years of marriage. Not finished the AOS after the two year anniversary. Also with AOS'ing from within the US, not even sure if that's possible anyways, as in you have to start with a conditional 2 year GC first.

Edited July 13, 2018 by Ben&Zian

[kbhq 4]

Just now, Ben&Zian said:

 

That would apply only to my knowledge if you filed for AOS after 2 years of marriage. Not finished the AOS after the two year anniversary. Also with AOS'ing from within the US, not even sure if that's possible anyways.

 

Correct, I applied in February 2018 so that was 11 months after our marriage date, but since the applications are backed up in Baltimore office maybe they can schedule our appointment after March 2019 and we would be married for 2 years before going to our interview.

[Ben&Zian 4,398]

6 minutes ago, kbhq said:

 

Correct, I applied in February 2018 so that was 11 months after our marriage date, but since the applications are backed up in Baltimore office maybe they can schedule our appointment after March 2019 and we would be married for 2 years before going to our interview.

 

Again don't believe it works that way and also AOS within the US I don't know if that can apply anyways. Not entirely sure; but even for people who do the K-1 process, some take 12-14 months to get interview or receive their 2 year conditional GC, if it was as easy as delaying it 8 months to get a 10 year, everyone would do it.

[CTgal18 157]

1 hour ago, kbhq said:

Hi, I got married to my wife in March 2017 and I filed my AOS in February 2018 and got my EAD last month.

 

My question is, is there any chance our AOS interview schedules for after March 2019, we would be married for 2 years already and if I'm eligible for a 10 year green card instead of conditional green card? Thanks!

“Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.”

 

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

I’ve seen it happen too, a family member of mine did AOS based on marriage and was given a 10 year card even though they applied after a few months of marriage because the application wasn’t approved until after 2 years of marriage due to having a local field office with long processing times and being stuck for some months in background checks. 

 

So yes, if you get approved for your green card on or after your 2nd anniversary, you will receive a 10 year card. 

Edited July 13, 2018 by CTgal18
typo

[A&H2018 146]

At the interview on the spot, officer will decide your fate. Yes if its past 2 years you get to skip ROC.

[NikLR 13,227]

2 hours ago, Ben&Zian said:

 

Again don't believe it works that way and also AOS within the US I don't know if that can apply anyways. Not entirely sure; but even for people who do the K-1 process, some take 12-14 months to get interview or receive their 2 year conditional GC, if it was as easy as delaying it 8 months to get a 10 year, everyone would do it.

Some people do it on purpose to skip roc. Others just dont have the money to file for the AOS.

 

Why people would purposely jeopardize their status in the USA for some money and collecting some evidence imho is dumb, but people do dumb things all the time.