Still waiting on my Interview for my Green card

[fouzimedfouni 1]

I received a notice about my interview for my green card and I was here waiting for 2 Years , Am I gonna get the Permenant green card since I have been married for 2 years (came with fiancee visa), cause I know I qualify for it , or I will just have adjustment of status. plus I received the notice in 11/25/2014, and it says I would receive it during the next 90 days, so if anybody had experienced that situation I would like get some infos , thank you in advance

[KayDeeCee 4,893]

If your green card is approved after you have already been married for 2 years, then yes, you should receive the 10 year card. You can ask the IO about it when you have your interview.

[fouzimedfouni 1]

If your green card is approved after you have already been married for 2 years, then yes, you should receive the 10 year card. You can ask the IO about it when you have your interview.

I think for that reason they are taking their time cause in the 02/22 is our second anniversery , by the way we got divorced for two months and remarry again

[KayDeeCee 4,893]

You were divorced and remarried? Have you been married now for 2 years since the second marriage? That is what will matter. Also, if your interview and approval is before you have been married 2 years, then you will receive the 2 year conditional card.

If you divorced and remarried, then your AOS would not be based on the approved I-129F petition and K-1 visa entry then. You would have needed to file an I-130 too, yes?

Edited January 10, 2015 by KayDeeCee

[fouzimedfouni 1]

You were divorced and remarried? Have you been married now for 2 years since the second marriage? That is what will matter. Also, if your interview and approval is before you have been married 2 years, then you will receive the 2 year conditional card.

If you divorced and remarried, then your AOS would not be based on the approved I-129F petition and K-1 visa entry then. You would have needed to file an I-130 too, yes?

we are married (10 months the first time) and (13 months for the second time), and my file Closed (I-485) and I appealed it , and they opened it for me again

[Pitaya 2,577]

~Moved from Fam.-based AOS to Fam.-based AOS Progress Forum~

~Inquiry about case status~

[NellyandNicky 3]

I doubt that would count for two years. Not even I would consider.

They are probably going to question the reason(s) for the divorce and remarriage...

[fouzimedfouni 1]

I doubt that would count for two years. Not even I would consider.

They are probably going to question the reason(s) for the divorce and remarriage...

well, I am sure they will question that and put me under the microscope, I think my chances are 50/50 to get it without conditions

[lunaboriken 2]

To my understanding even if you remarry the same person it is considered a "new marriage". The time will be considered as from the last time you married. Most likely you can get the 2 year conditional GC. Also, why did you go through the divorce when you loved that person? One thing is to seperate and another is to go up to divorce.

We waited one full year to get the GC approved. They granted the 2 year conditional card instead of the 10 year GC even though we were 17 days away from turning 2 years of marriage.

Best wishes.

Edited January 12, 2015 by lunaboriken

[fouzimedfouni 1]

To my understanding even if you remarry the same person it is considered a "new marriage". The time will be considered as from the last time you married. Most likely you can get the 2 year conditional GC. Also, why did you go through the divorce when you loved that person? One thing is to seperate and another is to go up to divorce.

We waited one full year to get the GC approved. They granted the 2 year conditional card instead of the 10 year GC even though we were 17 days away from turning 2 years of marriage.

Best wishes.

hopefully everything turn out the best for me, cause I am tired. I did not work for 2 years !!!!!

[FamilyGuyT 9]

okay, this brings up a good question in my mind............... If it takes so long (up to a year) to get the first AOS 2 yr green card, then why not wait until

you've been married for 2 years and apply and get the 10 yr? Saving all that grief and money!! Does anyone have a good explanation why we shouldn't wait?

I'm sure there may be a good reason to apply immediately, but I'm not aware of it If so, please enlighten me.

[KayDeeCee 4,893]

When your I-94 expires, you will be out of status. You could be detained by ICE for that reason. You cannot work or travel abroad and re-enter. If you don't mind the risk of unlawful presence and never want to work, attend school, perhaps not be able to have a bank account or insurance, get a drivers license/state ID, or travel abroad for even an emergency for 2 years, then you can wait.

[FamilyGuyT 9]

Doesn't the I-94 expire anway before you get that first card because of the wait? I was under the impression that the AP documents took

the place of the I-94 as far as being able to travel abroad.?

[KayDeeCee 4,893]

You cannot use the I-94 to travel abroad and re-enter when you enter with a K-1 visa. It is a one time entry visa. If you leave before filing for AOS and having AP or a green card in hand, then you will need to apply for a spousal visa to get back in.

The I-94 will expire 90 days after entry. Once it does, you are out of status. Filing for AOS will place you in a new period of authorized stay and you will no longer be accumulating overstay. It takes about 60-90 days to receive the EAD/AP card, which you can use to work and re-enter the US while waiting for your green card approval.

[fouzimedfouni 1]

not what I was inquiring about