Skipping conditional green card

[geowrian 22,337]

6 minutes ago, junkmart said:

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.

I get what you're saying.

 

My point is that if somebody arrived on a K-1 today and asked what to do, it would be a clear violation of the TOS to advise them to do what the OP (well, the person they know) did.

But if they already married and didn't file AOS for a year or so, letting them know they can still file for AOS fine without penalty is perfectly acceptable.

Edited April 26, 2019 by geowrian

[Crazy Cat 41,850]

Just now, junkmart said:

What I meant by that comment was the apparently USCIS doesn't have a problem since they granted them a 10 year green card. I wasn't talking about the period of authorized stay during AOS.

Oh....OK......Thanks........you're right.

[junkmart 320]

2 minutes ago, geowrian said:

I get what you're saying.

 

My point is that if somebody arrived on a K-1 today and asked what to do, it would be a clear violation of the TOS to advise them to do what the OP did.

But if they already married and didn't file AOS for a year or so, letting them know they can still file for AOS fine without penalty is perfectly acceptable.

Completely agree.

[POM 21]

A RFE for a new medical after the interview was enough time for my marriage to go past 2 years and was issued a 10 year GC.

I consider it as a blessing in disguise.

[Zoeeeeeee 797]

1 hour ago, mushroomspore said:

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.

That’s a fair point - I guess the way I described that didn’t differentiate in any way between those who’ve misused their touris visa to circumvent the visa process (ie, entered with that intent) and those who didn’t pre-plan.

 

We’ve applied for K1, so we’ll doing the AOS process too, after the K1...fun times!

 

But yeah, going back to the original point I was trying to make, I understand why the OP feels disgruntled that by his observation, not following the rules brings more of a benefit than following the rules - it’s understandable - however, I think there are many more benefits, such as the ones I listed, that outweigh the negatives 🙃.

[RedroseMT 37]

2 hours ago, missileman said:

That is a big one!!!!!!   Thanks....

Yes it is a big one. It is an officer’s discretion to allow you entrance to the country of course- but I don’t see the issue if a person obeys the American laws by all means ( not even traffic problems) . The same goes for the fear of possible deportation. I hope that you agree if someone lives a quiet honest life - no need to be afraid that one morning an ICE agent might appear with a pair of handcuffs and the deportation order. 

[Crazy Cat 41,850]

Just now, RedroseMT said:

Yes it is a big one. It is an officer’s discretion to allow you entrance to the country of course- but I don’t see the issue if a person obeys the American laws by all means ( not even traffic problems) . The same goes for the fear of possible deportation. I hope that you agree if someone lives a quiet honest life - no need to be afraid that one morning an ICE agent might appear with a pair of handcuffs and the deportation order. 

A US passport eliminates all the officer discretion altogether.......but I agree that law abiding LPRs usually don't have issues....There certainly are no tax benefits or disadvantages to becoming a US citizen.

BTW:  I'm 66 and my wife is 61.  We are already discussing whether she wants to file her N-400 next year......Right now, she is learning toward filing as soon as possible.......but to each his/her own, right?

[Eva_AJ 80]

2 hours 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've been thinking about the same. There are advantages and disadvantages for both I think but I kinda like my EU passport. However I don't think I could take the stress of having the pressure that even if I am law abiding citizen, the chance, that I can get deported, is still there. 

 

Although I think anyone should just make educated choice and  just do whatever makes them happy! And you don't seem to have any pressure to take the us one!

[RedroseMT 37]

13 minutes ago, Eva_AJ said:

I've been thinking about the same. There are advantages and disadvantages for both I think but I kinda like my EU passport. However I don't think I could take the stress of having the pressure that even if I am law abiding citizen, the chance, that I can get deported, is still there. 

 

Although I think anyone should just make educated choice and  just do whatever makes them happy! And you don't seem to have any pressure to take the us one!

I certainly don’t! And , to be honest I would like to avoid all that stress ( maybe for nothing if denied) which comes with N-400 . This AOS now and removing conditions are more then enough for me . 

My one and only reason I am here is my husband. 

With all respect to future citizens if not required by the law , I prefer to stay European. 

[Carpe Vinum 2,327]

I am older than my wife. I would like for her to get citizenship so she has options after I head to the big immigration forum in the sky. She is ambivalent about citizenship at the moment....

[RedroseMT 37]

16 minutes ago, boris64 said:

I am older than my wife. I would like for her to get citizenship so she has options after I head to the big immigration forum in the sky. She is ambivalent about citizenship at the moment....

Well in your wife’s case it is better to apply for the citizenship. My case is different ( husband is older too , but I am not young myself) when he heads ( if before me )  to the sky immigration forum I am definitely going back . 

 

[PolskaKielbasia 67]

14 hours ago, AnJay said:

Sounds like you are jealous because she skipped roc 🙄 My friend applied for GC right away after marriage, but because uscis lost her documents, she was approved way past her 2 years of marriage. Does that mean she did something wrong? she didnt expect that at all and received 10 year GC. 

 

Our lawyer told us there was one case years back where the beneficiary failed the medical exam (3 weeks before the interview!) because they tested positive for tuberculosis. USCIS wouldn't issue the GC until the treatment was completed which took 9 months. I'm sure they ended up getting the 10 year GC as well. I would certainly undergo ROC rather than go through what they had to do!!

Edited April 26, 2019 by PolskaKielbasia

[payxibka 10,045]

2 hours ago, boris64 said:

I am older than my wife. I would like for her to get citizenship so she has options after I head to the big immigration forum in the sky. She is ambivalent about citizenship at the moment....

I'm with you because there isn't any doubt that I will be first.

[Ben & Katy 168]

When I was living in Mexico I also debated in my mind many times the idea of waiting so she could enter the USA with a 10 yr instead of a 2 year.  I thought about letting my paperwork naturally stall so we would default to a IR1 or go slower on the NVC process in order to stretch out the time to two years.  It was taking so long and I was so tired of commuting from Nogales to Tucson for work everyday (with occasional telecommute days at a Nogales,AZ office) that I tried to permanently transfer my job to Nogales,AZ and just wait out the two years more comfortably.  I decided not to when she got diagnosed with her serious medical issue and decided to expedite so she could get onto my health insurance faster and get better treatment/cheaper meds.  The meds for her condition in mexico were outrageous out of pocket.  

 

If it were not for the expedite and medical issue I probably would have transferred my job closer to home at the time since I got offered an opportunity right when the NVC process ended at CC.  Our consulate now has a processing time of almost a year from CC to interview date.  So if the expedite had not happened I would probably be having my interview this month or next month which could have pushed us to two years of marriage.  Dragging it out is a very personal choice and depends on circumstances.  We just couldn't after the diagnosis.  She got her treatment/meds at a low cost and I was able to cut my commute to work from 1hr 10 min to 20 min everyday.  

[SalishSea 17,829]

20 hours ago, ThousandMoreSteps said:

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 :). 

This is what we are expecting to happen for my husband's GC.  Our Seattle LFO is taking up to two years!