Help piecing together timeline/understanding i-751 process please!

[frenbamcra 0]

Hi 

I've been lurking on this website for a while now, and I finally decided to create an account and ask my questions directly. It is clear that you all are the experts and I'm really hoping you can help me understand some things. I apologize in advance but for privacy reasons, I'm not going to tell you too much about how this situation impacts me and may leave some details out. If you have questions about details that are key to piecing this together, just reply and let me know, but I'm going to start by being as conservative as possible to avoid privacy concerns. 

 

Party A and Party B got married in August of 2014. Party A is not from the US and was here on a work/student visa but then his visa expired/his formal schooling ended, so he needed a new way to remain in the US.

At the time, A was seriously dating B, so he asked B if they could get married so he could get his gc, and B agreed.

They got married in Aug 2014 and it was bona fide, they were legitimately together, lived together, family attended the ceremony, etc 

At some point during the intervening 4 years, B obviously filed his i-751 for removal of conditions. 

 

Question 1: What is the latest possible time B could have submitted this filing? 

 

Now, it is almost August of 2018. And B has checked a few times with A, and A says the permanent gc is still not in. The two of them had an interview for their initial application, but have not been called in for a interview for the ROC. 

B does not have the case number or any way to look up what the status is. When B last asked A, A said that the website said it had been transferred to the local office. This was months ago. 

Question 2: Does transfer to local office indicate an interview is likely? 

Question 3: Is it actually feasible that 4 years after the initial marriage, the i-751 has not been approved yet? I've been piecing together people's timelines from on here, and it isn't making sense to me. It seems to be that most people file the i-751 2 years after the date of marriage, and then hear a decision on the 751 about 1-1.5 years after that. 

 

It seems to me like something is up. Either A is lying to B. Or the process is taking longer than usual for no reason/delays. Or the process is taking longer than usual because they are scrutinizing the application and preparing to call them in for an interview. Am I missing a possible scenario?

Please help me out. I can't explain why but this situation is personal to me, and I am interested in the process wrapping up as quickly as possible. If you need more information let me know. Although I don't have much more than this. Thank you!

[Mollie09 1,543]

So I'm guessing these people are no longer married/living together?

[Marieke H 2,523]

It all depends on how soon after their marriage they applied for AOS, and how long their AOS process took. AOS can take well over a year at the moment. So this timeline doesn't seem odd to me. But more details, like exact filing and approval dates, would be helpful.

[doggieandsam 765]

4 years from marriage to ROC is totally feasible:

 

Getting married to gathering all the documents for AOS to actually submitting the packet - could be a few days to a few weeks (some even take months and years)

AOS adjudication and getting a green card - fastest i've seen on here is about 3 months, most take a year

ROC application - two years from the "resident since" date on the green card

ROC adjudication and approval - like you said 1-1.5 years

 

4 years is even on the fast side actually. if there are delays at any step in the process (ie RFE, RFIEs), it could very well take more time than this.

[Unlockable 7,315]

*** Moved to "Removing Conditions on Residency General Discussion" ***

OP is asking about Removal of Conditions and not the K1 process.

[AmelieAino 40]

Question 1: What is the latest possible time B could have submitted this filing? 

>> It depends on the date on the original conditional greencard. It could have been filed, at latest, one day before it expired (which is 2 years after the date on the card).

 

Question 2: Does transfer to local office indicate an interview is likely? 

>> No, if it said "received" at local office it does not indicate anything except that the file is being moved around the office it was sent to. A letter notice is sent out for interviews, usually after a transfer to a specific office (which they also notify you of).

Question 3: Is it actually feasible that 4 years after the initial marriage, the i-751 has not been approved yet? I've been piecing together people's timelines from on here, and it isn't making sense to me. It seems to be that most people file the i-751 2 years after the date of marriage, and then hear a decision on the 751 about 1-1.5 years after that. 

>> Absolutely. We got married in Mar 2014, and were approved for RoC in Jun 2018. (You can see our timeline in signature or the visajourney timeline.) The delays have been getting worse and worse, it's not about individual cases. They are incredibly backlogged, especially if you filed at California Service Center.

Edited August 3, 2018 by AmelieAino