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dwheels76

Immigrants seeking permanent green cards through marriage may have one less hurdle (merged)

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USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. This PM goes into effect on December 10, 2018 and applies to all Form I-751 petitions received on or after December 10.

Generally, USCIS officers must interview a conditional permanent resident who is the principal petitioner on a Form I-751, unless the interview is waived. This guidance explains that officers may consider waiving an interview if they are satisfied that:

  • They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into in order to evade U.S. immigration laws;
  • For Form I-751 cases received on or after December 10, 2018, USCIS has previously interviewed the principal petitioner;
  • There is no indication of fraud or misrepresentation in the Form I-751 or the supporting documentation; and
  • There are no complex facts or issues that require an interview to resolve.

When determining whether to waive an interview, these considerations apply regardless of whether the Form I-751 is filed as a joint petition or as a waiver of the joint filing requirement.

This PM applies to all USCIS officers adjudicating Form I-751 and fully replaces the June 24, 2005, PM, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.”


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-February-2019/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

 

 

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This sounds great to me.  Is this significantly different from previous procedures?


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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1 hour ago, missileman said:

This sounds great to me.  Is this significantly different from previous procedures?

Basically they are saying if you look good no need for interview. If your evidence is good and strong you don't need an interview.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-February-2019/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

 

 

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2 hours ago, yippy_j said:

Does it also mean for people apply before that date, we can expect faster processing time?

No it says going forward but honestly I believe this has always been their policy. I know many people who didn't get called in for interview. I did our petition package robust with evidence so we won't have one either.

 

But faster I doubt since it's taking 15 months just to get to our cases. They need more workers not more policies.


Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.
Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

:goofy:


Come join the current Interview thread: 

 

Case-Complete-to-Interview-February-2019/

Case Complete to Interview Form
Case Complete to Interview Spreadsheet
NVC Filers Wiki Process

 

 

 

 

 

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Just now, dwheels76 said:

No it says going forward but honestly I believe this has always been their policy.

That's what I thought also........but reading this one, it says if the petitioner is a LPR.........is that different from previous policy?


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Does this mean that they will increase the interview percentage in the future?


Removal of Conditions
09/12/2018  --  I-751 package was delivered to USCIS Lockbox in Texas.
09/17/2018  --  I-751 Petition was accepted. Case was transferred to Nebraska.
10/12/2018  --  NOA1 (Extension Letter) was received.

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The only change with real substance here (that I can see) is that it was previously not too rare to have both an AOS and ROC interview waived for K-1 applicants. It sounds like the general rule will be that they would need to interview for at least one of them.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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22 minutes ago, geowrian said:

The only change with real substance here (that I can see) is that it was previously not too rare to have both an AOS and ROC interview waived for K-1 applicants. It sounds like the general rule will be that they would need to interview for at least one of them.

I agree, but what about CR1 (I-130) applicants they dont have to go through AOS but just ROC. K1 (I-129) has to go throught both of them. 

 

Keep in mind both K1 and CR1 has to go through an interview at a consulate or embassy in their home country.

 

So i assume this affects both CR1 and K1cases.


ConiMoni

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41 minutes ago, ConiMoni said:

I agree, but what about CR1 (I-130) applicants they dont have to go through AOS but just ROC. K1 (I-129) has to go throught both of them.

True. The ROC petitioner ( the LPR) would not have been interviewed by USCIS. As such, they would not meet the general guidelines for a waiver.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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17 minutes ago, geowrian said:

True. The ROC petitioner ( the LPR) would not have been interviewed by USCIS. As such, they would not meet the general guidelines for a waiver.

I was interviewed for AOS but now im in the process for ROC. Does that mean I might not get interviewed? My case was accepted on

12/03/2018


(I-751) Removal of Conditions Delivered: 11/30/2018
Notice of Action: TBA
Biometrics: TBA
Case Ready For Interview: TBA
Interview: TBA

(I-751) approved: TBA




 

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Just now, Venus201320 said:

I was interviewed for AOS but now im in the process for ROC. Does that mean I might not get interviewed? My case was accepted on

12/03/2018

Correct. It might be waived.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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17 minutes ago, geowrian said:

Correct. It might be waived.

That would be awesome. O but it only applies to applicants on or after 12/10/2018. Mines was accepted on 12/03/2018......I missed it by a couple of days 😞


(I-751) Removal of Conditions Delivered: 11/30/2018
Notice of Action: TBA
Biometrics: TBA
Case Ready For Interview: TBA
Interview: TBA

(I-751) approved: TBA




 

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12 minutes ago, Venus201320 said:

That would be awesome. O but it only applies to applicants on or after 12/10/2018. Mines was accepted on 12/03/2018......I missed it by a couple of days 😞

The previous policy was more lax, but the gist is you fall into the possible waiver category  (assuming the other criteria are met).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

The previous policy was more lax, but the gist is you fall into the possible waiver category  (assuming the other criteria are met).

Ooooo ok I see. Well hopefully I get waived for the interview. Lol ☺️


(I-751) Removal of Conditions Delivered: 11/30/2018
Notice of Action: TBA
Biometrics: TBA
Case Ready For Interview: TBA
Interview: TBA

(I-751) approved: TBA




 

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