Skipping conditional green card

[javadown2 308]

So, this is more of a rant then anything. So my wife and I followed the process to the T for our K-1 visa process...and we are about to do the removal of conditions later this year. So...my rant is that my wife's friend (also Filipino) was on the exact same path and timeline (they met during the medical process in Manila). So she just posted on her Facebook that she had received her 10 year green card, I'm like how? So come to find out she had waited so long to file for her green card that when the interview time came they had already been married for 2 years, I mean good for her but it makes me a little angry. We filed right away for my wife's green card and paid those fees, now we have to file again for removal of conditions and pay those fees, paperwork, interview...etc etc. So it appears your better off to just wait out the 2 years and then file and you will get your 10 year green card much faster. Yeah in the mean time your stuck in US but and can't work or travel outside US..but in her case she stayed home (same as my wife). Just mad that if you follow the rules they make you pay more..

 

The more I think about this the more I wonder if they made a mistake for her?? Should she be worried? I'm thinking she meets the married for 2 years but how can they allow them to bypass the AOS process? And now they they have the green card doesn't she still have to wait 3 years before becoming US citizen (3 years and married to US citizen rule)?

[PolskaKielbasia 67]

You should relax and enjoy a few cold beer. Her plan isn't all upside either. She probably got her AP a lot later than your wife. If something had come up in the meantime that absolutely required her to travel home, she would've had to abandon the AOS process. But yes it appears her floating time out-of-status paid of handsomely. Also, your wife will be able to file N400 sooner than her (three years from when one first becomes a green card holder, 2 or 10 years is irrelevant). 

Edited April 26, 2019 by PolskaKielbasia

[Georgia16 2,858]

She didn’t jump AOS she did AOS but as you said yourself if married over 2 years then yes she will get the 10 year GC. 

 

And she she have have to be a permanent resident for 3 years and married to her husband for 3 years before she can file for USC so she can’t do that anytime soon. 

[millefleur 5,046]

Sounds like they just found a loophole to avoid ROC...I agree with @PolskaKielbasia it probably has its own drawbacks.

 

51 minutes ago, javadown2 said:

The more I think about this the more I wonder if they made a mistake for her?? Should she be worried? I'm thinking she meets the married for 2 years but how can they allow them to bypass the AOS process? And now they they have the green card doesn't she still have to wait 3 years before becoming US citizen (3 years and married to US citizen rule)?

It is certainly possible that they mistakenly sent her a 10 year GC instead of a 2 year. I've seen multiple threads here on VJ where conditional residents accidentally get sent 10 year GC's and then they have to file an I-90 for a replacement card. If it were me, I would follow up on that with USCIS to make sure it isn't an admin error and the sent the wrong card by mistake.

 

Regarding the citizenship factor, she has to have been a GC holder for 3 years to file the N-400, so it depends on the expiry date of her GC, you can check with the early filing calculator here:

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

Edited April 26, 2019 by millefleur

[JFH 12,190]

If risking being out of status is your thing, then why not? The longer you postpone AOS, the longer you are out of status. Why anyone would consider that to be a good thing in this current political climate is beyond me. 

[ThousandMoreSteps 50]

It sucks, but it happens. My original AOS took so long that we'd been married 22 months by the time it was granted. I had to then go through a ROC and it felt a bit unfair to me. It's the system and it is what it is. I'm just thankful I was able to immigrate here in the first place and be with my husband :). 

[PolskaKielbasia 67]

7 minutes ago, JFH said:

If risking being out of status is your thing, then why not? The longer you postpone AOS, the longer you are out of status. Why anyone would consider that to be a good thing in this current political climate is beyond me. 

Because, let's be real here, there is for all intents and purposes zero negative consequences of being out of status for a few months. I'm not saying it's a good thing, it's just the way things rolls. Especially if she isn't interested in working or traveling back to her home country and isn't in an hurry to naturalize.

 

And in the ridiculously tiny off-chance the government starts applying heat she can immediately file a I485 and obtain safety. 

Edited April 26, 2019 by PolskaKielbasia

[JFH 12,190]

1 minute ago, PolskaKielbasia said:

Because, let's be real here, there is for all intents and purposes zero negative consequences of being out of status for a few months. Especially if she isn't interested in working or traveling back to her home country and isn't in an hurry to naturalize.

 

And in the ridiculously tiny off-chance the government starts applying heat she can immediately file a I485 and obtain safety. 

Sure. Obviously ICE have bigger fish to fry than a K-1 wife who didn’t file AOS in a timely manner. But the old “I never thought it would happen to me” could actually happen. Random traffic stop, for example. I wouldn’t want to be looking over my shoulder the whole time just to avoid ROC. I’d also question my husband’s commitment to me if he’s quite happy to delay filing AOS and potentially put my status at risk. 

[javadown2 308]

16 minutes ago, PolskaKielbasia said:

You should relax and enjoy a few cold beer. Her plan isn't all upside either. She probably got her AP a lot later than your wife. If something had come up in the meantime that absolutely required her to travel home, she would've had to abandon the AOS process. But yes it appears her floating time out-of-status paid of handsomely. Also, your wife will be able to file N400 sooner than her (three years from when one first becomes a green card holder, 2 or 10 years is irrelevant). 

Yeah, true our timeline will be ahead when it comes to citizenship. I know, but it's just annoying that you follow the directions and you end up behind...just frustrating. 

[millefleur 5,046]

2 minutes ago, JFH said:

Sure. Obviously ICE have bigger fish to fry than a K-1 wife who didn’t file AOS in a timely manner. But the old “I never thought it would happen to me” could actually happen. Random traffic stop, for example. I wouldn’t want to be looking over my shoulder the whole time just to avoid ROC. I’d also question my husband’s commitment to me if he’s quite happy to delay filing AOS and potentially put my status at risk. 

Could this come up as being a negative when filing citizenship, i.e. reflection on good or bad moral character? Probably not but why anyone would risk being out of status is beyond me...regardless of the political climate.

[javadown2 308]

3 minutes ago, JFH said:

Sure. Obviously ICE have bigger fish to fry than a K-1 wife who didn’t file AOS in a timely manner. But the old “I never thought it would happen to me” could actually happen. Random traffic stop, for example. I wouldn’t want to be looking over my shoulder the whole time just to avoid ROC. I’d also question my husband’s commitment to me if he’s quite happy to delay filing AOS and potentially put my status at risk. 

She never drove, so that wasn't a big deal...neither did my wife. 

[javadown2 308]

11 minutes ago, PolskaKielbasia said:

Because, let's be real here, there is for all intents and purposes zero negative consequences of being out of status for a few months. I'm not saying it's a good thing, it's just the way things rolls. Especially if she isn't interested in working or traveling back to her home country and isn't in an hurry to naturalize.

 

And in the ridiculously tiny off-chance the government starts applying heat she can immediately file a I485 and obtain safety. 

Her downside is she wants to bring her mother her to help with her child, so now she actually slowed down that happening.

[millefleur 5,046]

4 minutes ago, javadown2 said:

Her downside is she wants to bring her mother her to help with her child, so now she actually slowed down that happening.

Well, there you go. To every silver lining there is a cloud...  

[PolskaKielbasia 67]

5 minutes ago, javadown2 said:

Her downside is she wants to bring her mother her to help with her child, so now she actually slowed down that happening.

There you go, now go crack open an ice cold beer and relax.

[javadown2 308]

Haha, rant over now. I'm happy for her. I'll say it again, it's just frustrating to wait and wait again...pay more money and time. I'm done ranting, thanks for the replies. 

Edited April 26, 2019 by javadown2