New to ROC.. just had AOS interview.. process Q's

[IsabelleFredrick 6]

I know it's still a while for me until I get to ROC, but I have no idea how it works. 

If anyone would be willing to explain it, I'd appreciate it.

I think ROC is 18months after receiving GC? And is there a 2nd interview, or do you mail it all in? 

Thanks!

[geowrian 22,337]

Current guide (maybe change by the time you file): https://www.visajourney.com/guides/removing-conditions-permanent-residency/

 

You file the I-751 packet within 90 days of the 2 year anniversary of when you are granted permanent residency.

For you, since you got permanent residency via AOS, this would be within the 90 days prior to the 2 years of the I-485 being formally approved. The green card should have the approval date as the Issued Date.

However, I worded the above the way I did because sometimes the green card can have the wrong issued date (like a wrong year, or the date the I-485 was filed instead of approved).

 

So if your I-485 was approved 4/1/2020, you would have to file in the 90 day period between ~1/1/2022 and 3/31/2022. I am estimating the dates as I did not do an exact 90 day calculation (always verify). If you send it one day early they will reject it and you have to resend the packet.

My suggestion is not to send it the exact 90th or even 89th day. Give it a few extra days to save some sanity...you're in for what is often a 1-2 year wait anyway.

They will send an extension letter. this extends the validity of your existing green card by x months. Right now that's 18 months. It used to be just 12 months. This changes over time based upon expected processing times.

 

In the event of divorce, you can file before the 90 day period begins.

I won't cover late filing here as it's best to just avoid it in the first place. It's usually not major, but just file on time.

 

ROC may or may not have an interview involved. Some cases are approved with no interview. Some need an interview.

Don't be too surprised if you get an RFE at some point asking for more evidence of a bona fide marriage...IMO they are issuing these more often nowadays due to the long timeframes, not so much due to suspicious intent of the marriage being bona fide or not.

Edited March 1, 2020 by geowrian