I-751 extension letters going from 18 months to 24 months

[nowayout203 62]

https://www.uscis.gov/news/alerts/uscis-extends-evidence-of-status-for-conditional-permanent-residents-to-24-months-with-pending-form

[Crazy Cat 41,841]

This whole "conditional" green card stuff is really starting to make me angry.  We just had to get an appointment for an I-551 stamp in my wife's passport......we have a rock solid case, yet we have been waiting since March of 2019.  This is beyond ridiculous.   My wife has now been in the US since June of 2017.

 

 

Edited September 6, 2021 by Crazy Cat

[Dashinka 24,490]

2 hours ago, Crazy Cat said:

This whole "conditional" green card stuff is really starting to make me angry.  We just had to get an appointment for an I-551 stamp in my wife's passport......we have a rock solid case, yet we have been waiting since March of 2019.  This is beyond ridiculous.   My wife has now been in the US since June of 2017.

It is frustrating.  My wife filed her I751 right when the slow down was starting and USCIS was still issuing 12 month letters.  We all but ignored the I751 since she was planning on filing the N400 a year later, and for her that process was very fast (less than six months).  It is pretty sad that USCIS keeps prolonging the letter instead of doing something about clearing cases.

[carmel34 3,624]

Great...  they're essentially admitting that it is taking 2 years for ROC.  Instead of using USCIS employee time and resources to speed up processing, they will be taking up time to issue new receipt letters for all pending ROC cases.  It's sad that the system is so inefficient.

[RamonGomez 271]

8 hours ago, Crazy Cat said:

This whole "conditional" green card stuff is really starting to make me angry.  We just had to get an appointment for an I-551 stamp in my wife's passport......we have a rock solid case, yet we have been waiting since March of 2019.  This is beyond ridiculous.   My wife has now been in the US since June of 2017.

 

 

Have you tried reaching out to your congressperson? It's worked for numerous people. 2.5 years is crazy long even by today's standards. 

[aznhouston 130]

3 hours ago, carmel34 said:

Great...  they're essentially admitting that it is taking 2 years for ROC.  Instead of using USCIS employee time and resources to speed up processing, they will be taking up time to issue new receipt letters for all pending ROC cases.  It's sad that the system is so inefficient.

I have a feeling like they are trying to limit the number of immigrant by marriage. Also, with the new influx of refugee from Afghanistan, it makes the problem even worse. Mine is SRC, and hoping it will be approved before everything is slowing down yet again.

[Rocio0010 5,579]

Great, now how about getting rid of ROC altogether?

[martinzl 91]

Considering that over 95% of ROC are granted, it just seems to me to be a money grab. I think the processing times are very long of course because of the pandemic but also because the USCIS knows it is not a priority since most will be granted anyway, it does not stop anyone from continuing to be lawful, and it does not stop people from filing for citizenship while waiting for removal of conditions.

[Nat&Amy 623]

Plus, what is even the point of RoC? People can file for it (and successfully complete the process) with a divorce waiver, so it's not as if you actually need to stay married for 2 years. It's not as if they only approve cases with solid proof of cohabitation and financial comingling - in fact, cases of approval with minimal evidence are not really that uncommon. If the whole point of it is to show that you entered the relationship in good faith... Well, spousal visas supposedly prove that already. So does AoS from K1. So really... What is the point?

[Dashinka 24,490]

10 hours ago, martinzl said:

Considering that over 95% of ROC are granted, it just seems to me to be a money grab. I think the processing times are very long of course because of the pandemic but also because the USCIS knows it is not a priority since most will be granted anyway, it does not stop anyone from continuing to be lawful, and it does not stop people from filing for citizenship while waiting for removal of conditions.

The processing times for the I751 started increasing back in late 2016, so well before the pandemic.  I don't remember the exact timing, but the 18 month letter started being issued sometime in 2018 I believe.  I do agree, the ROC is a bit of a money grab, but the long processing times really creates a headache for a lot of folks especially if one is not planning on naturalizing.

[nowayout203 62]

9 hours ago, Nat&Amy said:

Plus, what is even the point of RoC? People can file for it (and successfully complete the process) with a divorce waiver, so it's not as if you actually need to stay married for 2 years. It's not as if they only approve cases with solid proof of cohabitation and financial comingling - in fact, cases of approval with minimal evidence are not really that uncommon. If the whole point of it is to show that you entered the relationship in good faith... Well, spousal visas supposedly prove that already. So does AoS from K1. So really... What is the point?

The point isn’t to stay married for two years. It’s mainly to ensure that one didn’t get permanent resident status solely to bypass immigration laws (e.g. they got married solely to get an immigrant visa or adjust to permanent resident status while in the US on a non immigrant visa or overstay). Once they’re in, they can still divorce within 2 years and the beneficiary can still enjoy all the benefits, but they have to prove that it was originally a good faith marriage before the divorce happened.

 

2 years is just a USCIS threshold to determine a marriage survived long enough AND should have enough evidence to prove that it was entered into in good faith (as arranged sham marriages could be arranged for life too). After all, would you own assets/liabilities or dependents jointly if there was really no real relationship to begin with?

[Nat&Amy 623]

6 minutes ago, nowayout203 said:

The point isn’t to stay married for two years. It’s mainly to ensure that one didn’t get permanent resident status solely to bypass immigration laws (e.g. they got married solely to get an immigrant visa or adjust to permanent resident status while in the US on a non immigrant visa or overstay). Once they’re in, they can still divorce within 2 years and the beneficiary can still enjoy all the benefits, but they have to prove that it was originally a good faith marriage before the divorce happened.

 

2 years is just a USCIS threshold to determine a marriage survived long enough AND should have enough evidence to prove that it was entered into in good faith (as arranged sham marriages could be arranged for life too). After all, would you own assets/liabilities or dependents jointly if there was really no real relationship to begin with?

But that was exactly one of my points. For a spousal visa, and for adjustment of status, you already have to provide evidence of marriage entered in good faith. And I would agree with you about the point of it being "to give time for people to gather enough evidence" but that argument doesn't hold water either, because 1) people get approved even when they don't have strong evidence (refer to cases the couple lives with a relative, and does not have proof of mortgage, rental or utilities in their name, or to those that choose not to mingle finances), and 2) people that get divorced months after marriage don't have time to get much evidence either and still qualify for RoC anyways.

 

If the whole point of RoC is to detect "sham marriages", then I wonder how effective it really is, given the fact that people that have managed to game the system (to get their conditional green card) once can easily game it twice. Note how difficult it is to prove fraud, to start with. Day in, day out, we see stories here in VJ of spouses that "changed completely" once they got to the US, but that alone does not prevent them from moving on and filing for RoC (and getting approved).

 

I see how RoC should work in theory but in reality it simply doesn't.

Edited September 7, 2021 by Nat&Amy

[Dashinka 24,490]

15 minutes ago, Nat&Amy said:

But that was exactly one of my points. For a spousal visa, and for adjustment of status, you already have to provide evidence of marriage entered in good faith. And I would agree with you about the point of it being "to give time for people to gather enough evidence" but that argument doesn't hold water either, because 1) people get approved even when they don't have strong evidence (refer to cases the couple lives with a relative, and does not have proof of mortgage, rental or utilities in their name, or to those that choose not to mingle finances), and 2) people that get divorced months after marriage don't have time to get much evidence either and still qualify for RoC anyways.

 

If the whole point of RoC is to detect "sham marriages", then I wonder how effective it really is, given the fact that people that have managed to game the system (to get their conditional green card) once can easily game it twice. Note how difficult it is to prove fraud, to start with. Day in, day out, we see stories here in VJ of spouses that "changed completely" once they got to the US, but that alone does not prevent them from moving on and filing for RoC (and getting approved).

 

I see how RoC should work in theory but in reality it simply doesn't.

I completely agree.  If people are intent to get a GC through a sham marriage, they will deal with the ROC stage and do whatever is necessary to get the 10 yr card.  

[Unlockable 7,314]

It sucks but the reality is that ROC is not going anywhere. They are not going to get rid of it so It is here to stay. Some believe it is a money grab. Honestly, I think it is just another process for control. Yes, it is designed to help curb fraud and seems to not work, but there is not a 100% effective method for deterring someone who is set on getting a green card/citizenship. Heck, we have seen people produce children with people they don't love just so they can immigrate.

 

The ROC is just another line of defense immigration has. Although it may not seem effective, it is there for them to utilize it if they wanted to.

[Huckleberry&Koala 184]

On 9/6/2021 at 6:43 PM, martinzl said:

Considering that over 95% of ROC are granted, it just seems to me to be a money grab. I think the processing times are very long of course because of the pandemic but also because the USCIS knows it is not a priority since most will be granted anyway, it does not stop anyone from continuing to be lawful, and it does not stop people from filing for citizenship while waiting for removal of conditions.

I am in a stage that it is ok if it is just for money. They could take my money and send a 10 year card right away instead of issuing numerous receipt letters and extension letters, since all processing thing is ridiculous anyway since 95% of them is approved. I am willing to pay for the card, if only thing they want is the money, haha. I wish there was an automated website checking the evidence automatically, like collecting points from your evidence and if your evidence is above threshold, your 10 year card is on the way 😁 

Edited September 15, 2021 by Huckleberry&Koala