AOS interview 2 weeks before 2 year marriage anniversary

[J1student 6]

Hi all, 

 

The AOS interview for my (usc) spouse (adjusting from F1 visa) was scheduled to be 2 weeks before our second marriage anniversary. My understanding is that if the case is adjudicated on any date before the second year marriage anniversary, the applicant will receive a 2 year conditional green card where they'd need a ROC after that to get a longer gc. 

 

Does anyone have experience with this where the interview is merely a few weeks before the target date?

   * Can the applicant be granted a 10 year gc even if adjudicated before the 2nd year marriage mark?

  * Is it possible to bring this up with the officer to see if they can consider granting a 10 year gc? 

  * Other? Like reschedule the interview... 

 

Thanks. 

[USC4SPOUSE 506]

@J1student there is no grey area here. If the officer adjudicates your case before your 2 year marriage anniversary, then you will get a conditional green card. However, it is worth mentioning to the officer during the interview that your 2 year marriage anniversary is only a few days away.

 

Make sure that you sound like you are asking for their administrative grace because you are. I would also make sure that you bring tons of evidence of bona fide marriage to your interview. Hopefully, you sent tons of evidence with your initial petition. 

 

I have seen this work two ways. Sometimes the officer jokes around and says "sure, I can misplace your file in my officer for the next 2 weeks" and some other times, the officer just approves you and you end up having to file for removal of conditions 2 years later. 

 

What I do not recommend is pulling a stunt and trying to reschedule the interview or showing up without the medical (if you have not submitted it). That's my humble 2 cents. 

[arken 4,197]

22 minutes ago, J1student said:

Can the applicant be granted a 10 year gc even if adjudicated before the 2nd year marriage mark?

No.

 

22 minutes ago, J1student said:

Is it possible to bring this up with the officer to see if they can consider granting a 10 year gc?

No but possible only if you don't bring certain documents that's required resulting in USCIS sending RFE for that post interview. That'll be risky though.

 

25 minutes ago, J1student said:

Other? Like reschedule the interview..

This the best course to get the 10 year card.

[USC4SPOUSE 506]

@J1studentyou just had your N-400 interview not too long ago? 

[J1student 6]

27 minutes ago, USC4SPOUSE said:

@J1studentyou just had your N-400 interview not too long ago? 

Yes, had my oath ceremony a few weeks ago. Does this change anything? 

[USC4SPOUSE 506]

3 minutes ago, J1student said:

Yes, had my oath ceremony a few weeks ago. Does this change anything? 

I guess I am rereading your post and I am not sure I understand what you are asking.  

[J1student 6]

4 minutes ago, USC4SPOUSE said:

I guess I am rereading your post and I am not sure I understand what you are asking.  

I'm mostly looking at what the experience has been for people who were in the same situation. After all we're definitely grateful for the interview being scheduled :), we can deal with the ROC after 2 years if there's no way around it. 

Edited July 2, 2021 by J1student

[USC4SPOUSE 506]

1 minute ago, J1student said:

I'm mostly looking at what the experience has been for people who were in the same situation. After all we're definitely grateful for the interview being scheduled :), we can deal with the ROC after 2 years if there's no way around it. 

So your spouse just became a US citizen and filed for your AOS and you already got the interview scheduled? 

[J1student 6]

1 minute ago, USC4SPOUSE said:

So your spouse just became a US citizen and filed for your AOS and you already got the interview scheduled? 

I realize the question was not framed very clearly. I am a usc (naturalized in June). My spouse is the one filing for AOS from F1 student visa. We filed the AOS when I was a GC holder.

[USC4SPOUSE 506]

1 minute ago, J1student said:

I realize the question was not framed very clearly. I am a usc (naturalized in June). My spouse is the one filing for AOS from F1 student visa. We filed the AOS when I was a GC holder.

That makes more sense! Thank you for clarifying.  

[Timona 4,208]

I have never advocated for reschedule BUT this is one case I would call in and reschedule. Come up with an excuse....business trip, etc. 

 

You will save yourself ROC drama and another 1.5 years of wait just to do that. 

 

Personally, for 2 weeks in lieu of 1.5 years ROC, I'll reschedule on this one and get the 10 year card....you won't regret it 

 

Edited July 2, 2021 by Timona

[Suze1 366]

Yeah, re-schedule that bad boy, somehow. ROC is NOT FUN and very expensive.

[USC4SPOUSE 506]

Hindsight is 20/20. Lol, I would have been too chicken to reschedule the interview. We had it a couple of months before our 2 year marriage anniversary. 

[flacka 32]

Ours is 24 days before our 2nd anniversary and I thought the same but I'm way too much of a nervous Nelly to try and reschedule, lol! Can you update on what you decide to do and how it goes? Just curious.  

[Timona 4,208]

2 hours ago, flacka said:

Ours is 24 days before our 2nd anniversary and I thought the same but I'm way too much of a nervous Nelly to try and reschedule, lol! Can you update on what you decide to do and how it goes? Just curious.  

 

You need to seriously think about it.

 

In lieu of 3 weeks, would you rather reschedule right and get a 10 year GC or get a 2 year GC now and in 2 years, go back to dealing with USCIS during ROC for another 1.5 years and pay another $600+? This answer should be simple.