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Filed: Timeline
Posted (edited)

A couple I know plan to married within 90 days but delay their AOS for 3 years. They plan to file for AOS after the 3 year is up so they can get the 10 year card GC instead. Since they want to avoid filing for ROC and paying the fee. Is they a good idea will USCIS allow this?

Edited by sirvang
Posted (edited)
  On 3/11/2019 at 3:56 AM, sirvang said:

A couple I know plan to married within 90 days but delay their AOS for 3 years. They plan to file for AOS after the 3 year is up so they can get the 10 year card GC instead. Since they want to avoid filing for ROC and paying the fee. Is they a good idea will USCIS allow this?

Expand  

USCIS will allow it but it may not be a good idea.

1.The intending immigrant will be out of status. If picked up by immigration they may be forced in front of an immigration judge and be forced to apply for AOS within a short span of time or face removal proceedings. (Rare).

2. The intending immigrant will be unable to work, drive (in most states) and will be unable to leave the US and return. Is the immigrant really okay with having no life?

3. It will delay when the intending immigrant can become naturalized as a USC as the 3 year time clock does not start ticking until they are approved for their first GC.

Edited by K1visaHopeful
Posted (edited)

Yes it can happen. No, it is very unwise to do so for at least the reasons noted above. Don't put somebody through that.

Plus, if you end up divorcing before AOS completes, they will have no way to regain legal status in the US (even with a new spouse) and will incur a 10 year bar upon exit from the US. It's just a bad idea all around to do this, let alone solely to avoid ROC.

Edited by geowrian

Timelines:

ROC:

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AOS:

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K-1:

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Filed: Citizen (pnd) Country: Canada
Timeline
Posted

If it's literally because of the fees, applying sooner, getting an EAD, and working part-time at a local fast food joint for a month or two,  will pay for the ROC fee. It makes no sense not to do it. 

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-31: Interview is scheduled

2018-11-21: Last TN expired

2018-12-11: AOS Interview - Card is being produced

2018-12-18: Green Card received

------------------

2020-09-23: Mailed I-751 to USCIS

2020-10-03: 18-month extension NOA 

2020-10-15: Biometrics from AOS applied to ROC

2020-12-11: Conditional green card expired 

2021-05-17: Card is being produced

2021-05-24: Green Card received

------------------

2021-09-14: Online application for N-400

2022-05-04: Interview is scheduled

2022-06-13: N-400 Interview

2022-06-13: Immediate oath & naturalization certificate!

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

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