Interview a month before 2 year anniversary 2 year conditional green card still?

[SalishSea 17,829]

4 hours ago, Sara & Kevin said:

So I have been reading and I have a question.. My interview date is on February 8th, that is a month from my 2 year anniversary... will I still get the 2 year conditional green card or? It just doesn’t seem fair that I get that if technically we are already married for 2 years it’s just 3 weeks away from that point.. any experience in this? 

self delete

Edited January 19, 2021 by Jorgedig

[whiterose123 95]

4 hours ago, Sara & Kevin said:

So I have been reading and I have a question.. My interview date is on February 8th, that is a month from my 2 year anniversary... will I still get the 2 year conditional green card or? It just doesn’t seem fair that I get that if technically we are already married for 2 years it’s just 3 weeks away from that point.. any experience in this? 

Maybe try to reschedule and push it ?

[Orangesapples 1,954]

8 minutes ago, whiterose123 said:

Maybe try to reschedule and push it ?

Horrible idea. 

[Cornflake 108]

My interview is scheduled two weeks before our 2 year anniversary) 

[Sara & Kevin 14]

10 minutes ago, Cornflake said:

My interview is scheduled two weeks before our 2 year anniversary) 

So you are getting the 2 year one too 😕 

[purem4g1c 113]

Same boat as me. I've had two AOS interviews cancelled and about to go to my third one, which may be cancelled next week as well due to upcoming snow storm lol. If they cancel this third one I am moving to a different state so will likely have to wait many more months which will push me over the 2 year line -- but not much I can do about that.

 

 

By the way to file for US citizenship do you do that after 3 years of having LPR or 3 years of marriage?

[Orangesapples 1,954]

14 minutes ago, purem4g1c said:

Same boat as me. I've had two AOS interviews cancelled and about to go to my third one, which may be cancelled next week as well due to upcoming snow storm lol. If they cancel this third one I am moving to a different state so will likely have to wait many more months which will push me over the 2 year line -- but not much I can do about that.

 

 

By the way to file for US citizenship do you do that after 3 years of having LPR or 3 years of marriage?

3 years of being a LPR in a marital union with a UCS. 

[HRQX 4,145]

8 hours ago, Sara & Kevin said:

will I still get the 2 year conditional green card or?

What matters is the day I-485 is approved. If that day is before your second anniversary then you'll get 2-year GC. See INA 216.

56 minutes ago, purem4g1c said:

By the way to file for US citizenship do you do that after 3 years of having LPR or 3 years of marriage?

Must meet all the requirements. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

The spouse must establish that he or she meets the following criteria in order to qualify: 

• Age 18 or older at the time of filing.

• LPR at the time of filing the naturalization application.

• Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

• Living in marital union with the citizen spouse for at least 3 years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those 3 years).

• Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization.

• Physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.

• Living within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least 3 months prior to the date of filing.

• Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage. 

• Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).

• Demonstrate good moral character for at least 3 years prior to filing the application until the time of naturalization.

• Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the United States during all relevant periods under the law.

[Ayrton 965]

If you really don't want to do ROC and spend the money in 2 years, call and ask to be rescheduled. You can say you have a fever, they will have to reschedule. It can be less than 1 month later (which I doubt), or it can take 6 months. 

 

You just have to accept the risk.

[purem4g1c 113]

5 minutes ago, HRQX said:

Must meet all the requirements. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

The spouse must establish that he or she meets the following criteria in order to qualify: 

• Age 18 or older at the time of filing.

• LPR at the time of filing the naturalization application.

• Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance.

• Living in marital union with the citizen spouse for at least 3 years preceding the time of filing the naturalization application (the citizen spouse must have been a U.S. citizen for those 3 years).

• Continuous residence in the United States as an LPR for at least 3 years immediately preceding the date of filing the application and up to the time of naturalization.

• Physically present in the United States for at least 18 months (548 days) out of the 3 years immediately preceding the date of filing the application.

• Living within the state or USCIS district with jurisdiction over the applicant’s place of residence for at least 3 months prior to the date of filing.

• Demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage. 

• Demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics).

• Demonstrate good moral character for at least 3 years prior to filing the application until the time of naturalization.

• Attachment to the principles of the U.S. Constitution and well-disposed to the good order and happiness of the United States during all relevant periods under the law.

So going by that it sounds like you can file after living in the US for 3 years & being married for 3 years, don't actually have to be a LPR for 3 years, correct? (Wife is a citizen by birth)

[Ayrton 965]

1 minute ago, purem4g1c said:

So going by that it sounds like you can file after living in the US for 3 years & being married for 3 years, don't actually have to be a LPR for 3 years, correct? (Wife is a citizen by birth)

3 years as LPR.

[HRQX 4,145]

4 minutes ago, purem4g1c said:

don't actually have to be a LPR for 3 years, correct?

I explicitly underlined "as an LPR" for a reason. Thus 3 years of being LPR is also a requirement.

Edited January 19, 2021 by HRQX

[Sara & Kevin 14]

11 minutes ago, Ayrton said:

If you really don't want to do ROC and spend the money in 2 years, call and ask to be rescheduled. You can say you have a fever, they will have to reschedule. It can be less than 1 month later (which I doubt), or it can take 6 months. 

 

You just have to accept the risk.

lol thats a risky game 😂 

[Sara & Kevin 14]

1 hour ago, purem4g1c said:

Same boat as me. I've had two AOS interviews cancelled and about to go to my third one, which may be cancelled next week as well due to upcoming snow storm lol. If they cancel this third one I am moving to a different state so will likely have to wait many more months which will push me over the 2 year line -- but not much I can do about that.

 

 

By the way to file for US citizenship do you do that after 3 years of having LPR or 3 years of marriage?

Are you in MI? 

[purem4g1c 113]

6 minutes ago, Sara & Kevin said:

Are you in MI? 

Nope, NYC.

 

21 minutes ago, HRQX said:

I explicitly underlined "as an LPR" for a reason. Thus 3 years of being LPR is also a requirement.

Ha sorry... Didn't read the fine lines