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sirvang

K1: Delay AOS to get 10 Green Card

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Posted (edited)

A couple I know plan to married within 90 days but delay their AOS for 3 years. They plan to file for AOS after the 3 year is up so they can get the 10 year card GC instead. Since they want to avoid filing for ROC and paying the fee. Is they a good idea will USCIS allow this?

Edited by sirvang

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Posted (edited)
13 minutes ago, sirvang said:

A couple I know plan to married within 90 days but delay their AOS for 3 years. They plan to file for AOS after the 3 year is up so they can get the 10 year card GC instead. Since they want to avoid filing for ROC and paying the fee. Is they a good idea will USCIS allow this?

USCIS will allow it but it may not be a good idea.

1.The intending immigrant will be out of status. If picked up by immigration they may be forced in front of an immigration judge and be forced to apply for AOS within a short span of time or face removal proceedings. (Rare).

2. The intending immigrant will be unable to work, drive (in most states) and will be unable to leave the US and return. Is the immigrant really okay with having no life?

3. It will delay when the intending immigrant can become naturalized as a USC as the 3 year time clock does not start ticking until they are approved for their first GC.

Edited by K1visaHopeful

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Posted (edited)

Yes it can happen. No, it is very unwise to do so for at least the reasons noted above. Don't put somebody through that.

Plus, if you end up divorcing before AOS completes, they will have no way to regain legal status in the US (even with a new spouse) and will incur a 10 year bar upon exit from the US. It's just a bad idea all around to do this, let alone solely to avoid ROC.

Edited by geowrian

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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If it's literally because of the fees, applying sooner, getting an EAD, and working part-time at a local fast food joint for a month or two,  will pay for the ROC fee. It makes no sense not to do it. 


Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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It’s a dumb idea, they can do it if they want to but the foreign spouse won’t be able to live a good life and will be constantly looking over their shoulder since they will be here illegally. 

There will be 2 years to save up for roc anyway why do this 

 


07/09/2018: ROC packet sent with USPS 2-day priority shipping

07/11/2018: ROC packet delivered to the Vermont Service Center

07/16/2018: NOA1 received by mail with 18 months extension (notice date 7/12 and check cashed)

08/07/2018: Biometrics appointment letter received by mail (notice date 7/27)

08/13/2018: Biometrics appointment at east Hartford, ct

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