Skipping conditional green card

[Dashinka 24,488]

13 minutes ago, junkmart said:

OK, but that's not skirting the system. One can choose to file at ANYTIME if they are eligible. They could have filed before I-94 expiration, USCIS could have still taken more than two years to process, and they could have still gotten a 10 year GC. There is no requirement to file AOS before I-94 expires. To me, this is just a case of someone being jealous, period.

I agree, it really was not skirting the system, it was more like playing the system with what is allowed and dealing with the risks of doing so.  Heck, even if this person was picked up by ICE for any reason, they would most likely appear before an IJ and be told to file the AOS, now in that case, I think the cost would have been a lot higher than the ROC given attorney costs, but you are absolutely right, there is no deadline for filing the I485.

[Dashinka 24,488]

6 minutes ago, RedroseMT said:

A little off topic ( I am sorry but no need to make a new topic I think). 

A lot of you have mentioned the time when it is allowed to fill for a citizenship . Is that so much better then stay a LPR? I don’t plan to become an USC as I might be a perfectly fine as a permanent resident . Is that bad plan ? 

I agree with @missileman, but I would add two additional items, only US Citizens are guaranteed entry into the US, and only USCs can vote.  That being said, there is no requirement to naturalize and many people remain as an LPR for their entire lives.

 

3 minutes ago, missileman said:

1.  A US citizen can not be deported. 

2.  Over time, renewing the Green Card becomes more expensive than N-400 costs.

3.  US passport allows travel to more places than most.

 

[Crazy Cat 41,836]

1 minute ago, Bill & Katya said:

I would add two additional items, only US Citizens are guaranteed entry into the US,

That is a big one!!!!!!   Thanks....

[payxibka 10,045]

2 minutes ago, Bill & Katya said:

I agree with @missileman, but I would add two additional items, only US Citizens are guaranteed entry into the US, and only USCs can vote.  That being said, there is no requirement to naturalize and many people remain as an LPR for their entire lives.

 

 

And don't forget the most significant reason.  Slightly better SSA benefits for USC vs. LPRs. 

[RedroseMT 37]

8 minutes ago, Bill & Katya said:

I agree with @missileman, but I would add two additional items, only US Citizens are guaranteed entry into the US, and only USCs can vote.  That being said, there is no requirement to naturalize and many people remain as an LPR for their entire lives.

 

 

Well we are older persons ( my husband is 71) not traveling much any more and ( sorry for mentioning that but we have an agreement about that) according to my husband’s bad health if the worst happens- I will definitely return to Norway. Therefore I don’t see the reason for naturalization. However, thank  you all for your responses .

Edited April 26, 2019 by RedroseMT

[geowrian 22,337]

27 minutes ago, junkmart said:

OK, but that's not skirting the system. One can choose to file at ANYTIME if they are eligible. They could have filed before I-94 expiration, USCIS could have still taken more than two years to process, and they could have still gotten a 10 year GC.

I'd still call it skirting the system because it they intentionally violated the law in order to gain a better benefit. That's different than following the law and having it take a long time to process the case and getting the same benefit.

[mushroomspore 3,044]

21 minutes ago, Zoeeeeeee said:

Totally get where you’re coming from - I’ve been seeing posts about people not going through the visa process and just applying for AOS after getting married in tourist visas...and it is a little disappointing to feel that by following the rules and applying for the visas, we’ve had to wait much longer to be together and spend more on the different fees...like, why aren’t there penalties for abusing the system?

It's not illegal to file AoS if you got married on a tourist visa due to your circumstances changing while you're within the US. It's illegal to come on a tourist visa with the preconceived intent to marry and then stay to adjust. AoS takes just as long as the visa process and it has its costs too. And intent is determined at the border anyway. If they believe you have immigrant intent, they turn you away. It is not perfect but the visa process isn't either. Fraudulent relationships get approved through consulates and embassies too.

[junkmart 320]

1 minute ago, geowrian said:

I'd still call it skirting the system because it they intentionally violated the law in order to gain a better benefit. That's different than following the law and having it take a long time to process the case and getting the same benefit.

But how did they violate the law by filing AOS when they were able and ready?

[geowrian 22,337]

Just now, junkmart said:

But how did they violate the law by filing AOS when they were able and ready?

They didn't violate the law by filing for AOS.

They intentionally violated the law before filing AOS.

[junkmart 320]

1 minute ago, geowrian said:

They didn't violate the law by filing for AOS.

They intentionally violated the law before filing AOS.

How?

[Crazy Cat 41,836]

4 minutes ago, junkmart said:

How?

Being unlawfully in the US is a violation of law.  Unless being granted "authorized stay", a K-1 holder is unlawfully present in the US after expiration of their I-94.

Edited April 26, 2019 by missileman

[geowrian 22,337]

1 minute ago, junkmart said:

How?

I'm not not sure if this is a rhetorical question...? I think the violation of law that occurred was pretty clear.

[junkmart 320]

3 minutes ago, geowrian said:

I'm not not sure if this is a rhetorical question...? I think the violation of law that occurred was pretty clear.

Oh i see your point. I'm on the other side. Since it's forgiven, I'm fine with it. I'm not them, I don't know why they waited, but I'm fine with it. And so is USCIS, apparently.

Edited April 26, 2019 by junkmart

[Crazy Cat 41,836]

Self-Delete

Edited April 26, 2019 by missileman

[junkmart 320]

1 minute ago, missileman said:

It's the attorney General who grants authorized stay after filing the I-485.

What I meant by that comment was that apparently USCIS doesn't have a problem with them waiting to file AOS even if that meant they were out of status for a time since they granted them a 10 year green card. I wasn't talking about the period of authorized stay during AOS.

Edited April 26, 2019 by junkmart