Aos approved ,question on the conditional green card

[Roel 7,191]

15 hours ago, Kris003 said:

Damn i feel so bad about it even tho i’m happy i got approved and everything but its like for a month they make me go thru the ROC and all the (removed) 😓

They dont make you go through anything. Its part of the process, dont do it if its such a big burden. Not like USCIS is forcing you to be LPR. 😛

[myVisaJourney 11]

1 hour ago, Roel said:

Then she needs to notify the USCIS and have her green card replaced. She will get her citizenship denied based on this. 

Her lawyer told her that it is fine so idk

[myVisaJourney 11]

1 hour ago, Roel said:

They dont make you go through anything. Its part of the process, dont do it if its such a big burden. Not like USCIS is forcing you to be LPR. 😛

I think you are being impolite on all forum posts. People here come to vent sometimes. At least, be polite!!

[Roel 7,191]

11 minutes ago, myVisaJourney said:

Her lawyer told her that it is fine so idk

Lawyers are very often mistaken, as proven here on VJ. And this issue comes up on VJ now and then, USCIS makes mistakes. But it's a green card holder responsibility to have their records straight.

 

10 minutes ago, myVisaJourney said:

I think you are being impolite on all forum posts. People here come to vent sometimes. At least, be polite!!

Oh, boo-hoo.

Edited April 28, 2019 by Roel

[mushroomspore 3,043]

5 hours ago, myVisaJourney said:

My friend got a 10 years green card and her marriage is 1.7 year old. She got approved after 1.4 months and left for the us after 1.7 months!! Where is the law then?

She's going to get in trouble later on if she does not fix it. If she applies for citizenship, they go through your WHOLE file to make sure EVERYTHING was done right. They're not here to babysit us. Sometimes they make mistakes so we need to put on our big-person pants and fix them. And do you mean she left the US for "17 months"? Once again, she's likely to get into trouble later on over that. Let's not complain or act all entitled. Every case is different. Your friend will face consequences sooner or later.

[Crazy Cat 39,658]

1 hour ago, myVisaJourney said:

Her lawyer told her that it is fine so idk

The attorney won't be liable when USCIS sees that she failed to remove conditions in a timely manner.......it is she who will have to explain.

[geowrian 22,336]

7 hours ago, myVisaJourney said:

My friend got a 10 years green card and her marriage is 1.7 year old. She got approved after 1.4 months and left for the us after 1.7 months!! Where is the law then?

2 hours ago, myVisaJourney said:

Her lawyer told her that it is fine so idk

What are the specifics of her case? What visa did she enter on? Did she do consular processing or AOS?

If consular processing, did she enter the US after the 2 year marriage anniversary?

 

If it was a marriage-based green card and the marriage was less than 2 years when she gained permanent residency, then USCIS made a mistake. It's not common, but they have done this a number of times.

Some people got it fixed on their own. Others got a letter in >2 years about failure to file for ROC. Some probably never got any notice.

 

The problem is she is the one responsible for it, even if it's a mistake by USCIS. If she is required to file for ROC and fails to do so, she could lose her permanent residency. More than likely they will just tell her to file for ROC, but technically not filing when required can be grounds for termination of LPR status.

If she files for citizenship, they would be likely to discover it at that point as well, and naturalization cannot be approved if ROC is required but not completed.

Edited April 28, 2019 by geowrian

[Crazy Cat 39,658]

3 minutes ago, geowrian said:

If she files for citizenship, they would be likely to discover it at that point as well, and naturalization cannot be approved if ROC is required but not completed.

Exactly.....That could take a very long time to rectify........better to address the issue now......

[myVisaJourney 11]

42 minutes ago, geowrian said:

What are the specifics of her case? What visa did she enter on? Did she do consular processing or AOS?

If consular processing, did she enter the US after the 2 year marriage anniversary?

 

If it was a marriage-based green card and the marriage was less than 2 years when she gained permanent residency, then USCIS made a mistake. It's not common, but they have done this a number of times.

Some people got it fixed on their own. Others got a letter in >2 years about failure to file for ROC. Some probably never got any notice.

 

The problem is she is the one responsible for it, even if it's a mistake by USCIS. If she is required to file for ROC and fails to do so, she could lose her permanent residency. More than likely they will just tell her to file for ROC, but technically not filing when required can be grounds for termination of LPR status.

If she files for citizenship, they would be likely to discover it at that point as well, and naturalization cannot be approved if ROC is required but not completed.

She was married for 1.7 years when she entered and got the visa when she was married for 1.5 years. 

And I told her to get it fixed but she said her lawyer said it was okay. 

39 minutes ago, missileman said:

Exactly.....That could take a very long time to rectify........better to address the issue now......

Maybe some lawyers want to make more money lol so they would want to worsen their clients case lol 😁

[myVisaJourney 11]

2 hours ago, mushroomspore said:

She's going to get in trouble later on if she does not fix it. If she applies for citizenship, they go through your WHOLE file to make sure EVERYTHING was done right. They're not here to babysit us. Sometimes they make mistakes so we need to put on our big-person pants and fix them. And do you mean she left the US for "17 months"? Once again, she's likely to get into trouble later on over that. Let's not complain or act all entitled. Every case is different. Your friend will face consequences sooner or later.

She left FOR the US after 17 months. Stayed in her country for 2 months after being approved. 

[Kris003 2]

4 hours ago, Roel said:

They dont make you go through anything. Its part of the process, dont do it if its such a big burden. Not like USCIS is forcing you to be LPR. 😛

I’m talking about being fair here my friend .They will never force me to do anything ,but if i paid more then 4 grand and went thru all the paperwork and did everything they wanted me to do ,and they schedule an interview in 1 year and 11 months ,they should consider the fact that since i’m approved and i provided everything they wanted and paid everything needed ,for a month or a day or whatever ,they would save me the time and money and stress that i have to go thru again to renew my green card .I’m talking about being fair not law ,even tho law sometimes has its short cuts too and spaces for understanding .This is not a criminal case ,so there is no need to be strict for everything especially when they think my case is trustful and real.Its just my opinion .I’m not really venting i’m actually just stating that they are so strict on us ,but when it comes to them they don’t really care if we wait a year or 10 years ,as long as they get their money .But yeah ,business is business 

[dxec 31]

The problem is if you say ah its just 1 month and they give then the next guy says well its just 1 month and 2 weeks whats another 2 weeks?? and the next guy whats 2 months?? Next time if it says 2 years plan for 2 years and if you get early its a bonus but don't expect it and you wont be disappointed. 

[Kris003 2]

Just now, dxec said:

The problem is if you say ah its just 1 month and they give then the next guy says well its just 1 month and 2 weeks whats another 2 weeks?? and the next guy whats 2 months?? Next time if it says 2 years plan for 2 years and if you get early its a bonus but don't expect it and you wont be disappointed. 

Yeah its true 👍🏻

[Loren Y 2,745]

If you knew you were 30 days away from 2 year mark, that would have been a good time to reschedule the interview... For about a month later. Not technically breaking the rules, people reschedule all the time. Then you would have got the 10 year card. That would have been my play.

[Roel 7,191]

25 minutes ago, Kris003 said:

I’m talking about being fair here my friend .They will never force me to do anything ,but if i paid more then 4 grand and went thru all the paperwork and did everything they wanted me to do ,and they schedule an interview in 1 year and 11 months ,they should consider the fact that since i’m approved and i provided everything they wanted and paid everything needed ,for a month or a day or whatever ,they would save me the time and money

Oh boy. Haha. Oh you're not the only one who paid a lot of money and you dont deserve special treatment based on that. USCIS is funded from our fees, last thing they will do is "save you money". 

 

 

25 minutes ago, Kris003 said:

 

 

and stress that i have to go thru again to renew my green card .I’m talking about being fair not law ,even tho law sometimes has its short cuts too and spaces for understanding

What stress? You file ROC paperwork and you wait. No stress here. 

 

 

 

25 minutes ago, Kris003 said:

.This is not a criminal case ,so there is no need to be strict 

There absolutely is a need. Immigration is very careful who they bring to the country and why.