Interview Scheduled - less than 2 years??

[Adventine 3,196]

I personally would attend the interview and very politely ask the officer to delay the approval by a few days, until after the 2nd year anniversary has passed.

 

BUT, the best case scenario will be that OP receives their official interview letter, and the interview date is after their anniversary. So it will be a happy ending all around

 

 

[LKMK 85]

11 hours ago, Bars&Saqi said:

Hello,

After almost two years (600 days to be exact) we FINALLY got a notice that our AOS interview was scheduled!!!! We live in Seattle so this was expected. However, our 2 year anniversary is on December 7th. We waited this long, we don’t want our interview to be on December 3 or 4 and then have to do the ROC. If the interview is before December 7, should we ask to reschedule? We have no idea how long we’d have to wait for a new date in Seattle. Your advice/suggestions are welcome. 

thanks in advance!

I'm not an expert on this, but it appears to me that you are filing AOS from K1. I'm pretty sure you have to apply for ROC no matter what as this is the logical progression of the process toward citizenship. I don't think you can skip ROC no matter how long it has been. So if I were you, I'd go to the interview and at least get AOS out of the way. Keep in mind that you are not eligible to apply for ROC until the 90-day period immediately before your conditional residence expires if you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse. So again, I'm not sure why you would wait or reschedule. It doesn't make sense to me. You have 18 months to wait before you can even apply for ROC. With that said, it is likely that once you apply for ROC enough time will have gone by that you can immediately file for N-400 and hopefully both will be adjudicated at the same time.

 

There are a lot of us that have been waiting for ROC approval for more than 2 years and we all have already completed AOS. So again, unless I'm confused, I'm not sure why you would chance postponing the interview because it won't do anything for you.

 

Hoping someone else can jump in and clarify to give Bars&Saqi the best advice. 

[Rocio0010 5,579]

10 minutes ago, LKMK said:

I'm pretty sure you have to apply for ROC no matter what as this is the logical progression of the process toward citizenship

If they have been married for more than two years, they get a permanent (non) conditional green card, and they don’t have to file for ROC. Plus, not everyone wants to become a citizen, so it’s not part of a “logical progression “. 

 

12 minutes ago, LKMK said:

I don't think you can skip ROC no matter how long it has been. 

See my response above. 

 

13 minutes ago, LKMK said:

immediately file for N-400 a

No, it’s not immediate. In order to be eligible to file for naturalization, you need to have been a permanent resident for three years if you’re still married to the same USC spouse. If not, you’ll have to wait 5 years after becoming a PR.

[Noname93 200]

15 minutes ago, LKMK said:

I'm not an expert on this, but it appears to me that you are filing AOS from K1. I'm pretty sure you have to apply for ROC no matter what as this is the logical progression of the process toward citizenship.

If the greencard gets approved after the 2 year anniversary of a person's marriage, they automatically get a 10 year greencard. If they don't have a conditional greencard, they don't need to file ROC. Also, as long as they fulfill all the other requirements (still married to the same person, didn't spend too much time abroad) they can still file for citizenship at the 3 year minus 90 days mark from when their greencard is approved.

Edited October 29, 2021 by Noname93

[Rocio0010 5,579]

9 minutes ago, Noname93 said:

If the greencard gets approved after the 2 year anniversary of a person's marriage, they automatically get a 10 year greencard. If they don't have a conditional greencard, they don't need to file ROC. Also, as long as they fulfill all the other requirements (still married to the same person, didn't spend too much time abroad) they can still file for citizenship at the 3 year minus 90 days mark from when their greencard is approved.

This. And also, not everybody wants to become a citizen, so in a way ROC is not a logical progression. Yes, to become a citizen you need to have your ROC approved, but that’s if you have to file it in the first place, I think.

[LKMK 85]

11 minutes ago, Noname93 said:

If the greencard gets approved after the 2 year anniversary of a person's marriage, they automatically get a 10 year greencard. If they don't have a conditional greencard, they don't need to file ROC. Also, as long as they fulfill all the other requirements (still married to the same person, didn't spend too much time abroad) they can still file for citizenship at the 3 year minus 90 days mark from when their greencard is approved.

Not to argue with you but this is directly from USCIS:

 

Chapter 5 - Conditional Permanent Resident Spouses and Naturalization

 

A. General Requirements for Conditional Permanent Residents

Since 1986, certain spouses of U.S. citizens have been admitted to the United States as lawful permanent residents on a conditional basis for a period of 2 years. ^[1] In general, a conditional permanent resident (CPR) must jointly file with his or her petitioning spouse a Petition to Remove Conditions on Residence (Form I-751) with USCIS during the 90-day period immediately preceding the second anniversary of his or her admission as a CPR in order to remove the conditions. ^[2] An approval of a petition to remove conditions demonstrates the bona fides of the marital relationship.

In order for USCIS to approve the petition to remove conditions, the CPR must establish that:

• The marriage upon which the CPR admitted to the United States was valid;

• The marriage has not been terminated; and

• The marriage was not entered into for purposes of evading the immigration laws of the United States. ^[3] 

In general, USCIS requires that an applicant for naturalization must have an approved petition to remove conditions before an officer adjudicates the naturalization application. However, certain CPRs may be eligible for naturalization without filing a petition or having the conditions removed if applying for naturalization on the basis of:

• Marriage to a U.S. citizen employed abroad; or

• Qualifying military service. ^[4]   

Can you show me where you found the "greencard gets approved after the 2 year anniversary of a person's marriage, they automatically get a 10 year greencard." If this were the case, why would anyone want to go through the whole ROC process and waste time and money knowing you can get 10-year green card by waiting 2 years? My wife and I will have been married for 5 years in December and we are still waiting for ROC.

 

Thanks in advance for you showing me where you found the information as I'd really like to know.

 

 

 

 

[Bars&Saqi 120]

I have another question: has it happened where someone gets their N-400 interview and denied because their ROC is still pending? Or in those cases if I’ve filed for my N-400 and ROC hasn’t yet been approved they combine the interviews (which I’ve seen before)?

[LKMK 85]

31 minutes ago, ra0010 said:

If they have been married for more than two years, they get a permanent (non) conditional green card, and they don’t have to file for ROC. Plus, not everyone wants to become a citizen, so it’s not part of a “logical progression “. 

 

See my response above. 

 

No, it’s not immediate. In order to be eligible to file for naturalization, you need to have been a permanent resident for three years if you’re still married to the same USC spouse. If not, you’ll have to wait 5 years after becoming a PR.

Can you please show me where you found the information above? I'd really like to see it. Please see my comment below. Remember they are going from K1 to AOS. Very different from a CR1 where they automatically get a 10-year permanent resident card.

 

Agreed, not everyone wants to become a US citizen so that is true. And yes, I forgot about the 3-year permeant resident part. In our case we were able to file for citizenship even though our ROC has not been adjudicated yet. 

[HRQX 4,145]

On 10/28/2021 at 5:57 PM, LKMK said:

Can you show me where you found the "greencard gets approved after the 2 year anniversary of a person's marriage, they automatically get a 10 year greencard."

See INA 216(h)(1):

Quote

The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)-

(A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States,

(B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or

(C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,

by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2 "Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application."

 

Also note that sometimes USCIS incorrectly issues a 2-year GC instead of a 10-year one (and vice-versa) https://www.uscis.gov/i-90 Reason for Application (D) My existing card has incorrect data because of DHS error. Total $0

Edited November 7, 2021 by HRQX

[Noname93 200]

22 minutes ago, LKMK said:

Can you show me where you found the "greencard gets approved after the 2 year anniversary of a person's marriage, they automatically get a 10 year greencard."

"Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident."

From https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

[HRQX 4,145]

19 minutes ago, Bars&Saqi said:

I have another question: has it happened where someone gets their N-400 interview and denied because their ROC is still pending?

Not denied. They just cannot complete N-400 adjudication while ROC is pending:

[Bars&Saqi 120]

4 minutes ago, HRQX said:

Not denied. They just cannot complete N-400 adjudication while ROC is pending:

I see… so it could add a ton of time to the whole process. Any advice on my original situation of rescheduling/taking a chance? As I mentioned I’m in Seattle so wait times are uncertain.

[Rocio0010 5,579]

17 minutes ago, LKMK said:

Can you please show me where you found the information above? I'd really like to see it. Please see my comment below

Google INA 216 (1).

 

18 minutes ago, LKMK said:

CR1 where they automatically get a 10-year permanent resident card

With all due respect, you are mixing concepts. CR1 stands for “conditional resident”. A CR never gets a 10 year PR card. They only get a conditional one. They still have to file for ROC. The main difference between a CR1 and a K1 is that a CR one becomes a resident the minute they land in the US (albeit a conditional one). A K1 still has to do the whole AOS.  

 

31 minutes ago, LKMK said:

why would anyone want to go through the whole ROC process and waste time and money knowing you can get 10-year green card by waiting 2 years?

Because what legal status would they have while they wait? 

 

32 minutes ago, LKMK said:

y wife and I will have been married for 5 years in December and we are still waiting for ROC.

This is irrelevant. What matters is how long have you been married when her PR card was approved. That Is the deciding factor to file (or not) for ROC. 

[Verrou 1,962]

2 minutes ago, Bars&Saqi said:

I see… so it could add a ton of time to the whole process. Any advice on my original situation of rescheduling/taking a chance? As I mentioned I’m in Seattle so wait times are uncertain.

I will ask for rescheduling just to be on safe side. But if you’re not sure about when is the rescheduling gonna happen, then just go for the interview and ask politely for the office to postpone the approval. 

[Rocio0010 5,579]

4 minutes ago, Bars&Saqi said:

I see… so it could add a ton of time to the whole process. Any advice on my original situation of rescheduling/taking a chance? As I mentioned I’m in Seattle so wait times are uncertain.

Go to the interview. Seattle has awfully long wait times.