2 Years vs 10 Years Green Card

[Mrs. Dea 10]

Good Day All

 

I need some advice. Our case is at NVC we recieved email to pay fees and now my DS 260 is unlocked to fill out. We did consular filing; staying in my home country until everything is sent to my consulate for interview. Based on the timeline I suspect this can be as early as December once I submit AOS ans DS 260, correct?

 

Our wedding was in June 2018 and that would mean I would get a 2 year GC. As much as I really want to be next to my husband, I don't want to wait 2 years for conditions to be removed and go through all this paper work again.

Would you advise to delay filling out the AOS and DS 260? And for how long? What implications would this have on my process maybe?

I also read somewhere that after all paperwork is done at consulate and immigrant visa is issued, the applicant has 6 months to leave their home country and join spouse in the US. If this is true, should I go ahead with paperwork now, and lets say I get a January interview date, then can I leave my country June (after wedding date) and hopefully get IR-2 stamped at the point of entry ?

Thank you guys in advance, I really appreciate your help thus far.

Edited October 13, 2019 by Mrs Dudley
To fix typos

[Andy & Val 494]

I must say you and I are in the same boat and have been having those thoughts too for a long time now.

Our wedding was June 2018

 

I would prefer to stay till the two year mark passes to avoid going through this ordeal all over again.

But it will depend on other factors too as we got CC this week.

[JFH 12,190]

It’s a completely personal choice. Are you able to visit? Do you have an approved visitor visa? If you can visit it might be worth delaying the rest of the process so that you get the 10-year card. At least if you can visit it’s not so bad. 

[Mrs. Dea 10]

8 minutes ago, Andy & Val said:

I must say you and I are in the same boat and have been having those thoughts too for a long time now.

Our wedding was June 2018

 

I would prefer to stay till the two year mark passes to avoid going through this ordeal all over again.

But it will depend on other factors too as we got CC this week.

Aah I see. I mean as long as they won't take it to see we have abandoned case after a few months. We were blessed not to get any RFE or such, its smooth so far. But my question is do we still proceed with paperwork and then lets say interview is January, if the 6 month rule to leave home country is true then we should be good. Just go through interview and all and stay put for a few months until after wedding anniversary then enter. 

Edited October 13, 2019 by Mrs Dudley

[Mrs. Dea 10]

5 minutes ago, JFH said:

It’s a completely personal choice. Are you able to visit? Do you have an approved visitor visa? If you can visit it might be worth delaying the rest of the process so that you get the 10-year card. At least if you can visit it’s not so bad. 

Yes I do, while on this topic, I think once you enter DS260 immigrant visa application, won't they cancel non immigrant visa shortly?, like the officer at the port can see your application or something plus on DS260 they ask about travel history. 

[JFH 12,190]

2 minutes ago, Mrs Dudley said:

Yes I do, while on this topic, I think once you enter DS260 immigrant visa application, won't they cancel non immigrant visa shortly?, like the officer at the port can see your application or something plus on DS260 they ask about travel history. 

Your visitor visa is only cancelled when the immigrant visa is issued. 

 

Agree that you will have to present a very strong case to the CBP Officer that you are just visiting but it’s not impossible to visit at that stage. 

Edited October 13, 2019 by JFH

[Andy & Val 494]

1 minute ago, Mrs Dudley said:

Aah I see. I mean as long as they won't take it to see we have abandoned case after a few months. We were blessed not to get any RFE or such, its smooth so far. But my question is do we still proceed with paperwork and then lets say interview is January, if the 6 month rule to leave home country is true then we should be good. Just go through interview and all and stay put until after wedding anniversary then enter. 

If interview happens to be January, then we'll be good to go since we'll have up to July to make the move.

 

I'll advice for you to check with your embassy or applicants from your country on here to find out how long it takes to schedule an interview.

You can do the estimates then go from there.

[Mrs. Dea 10]

30 minutes ago, Andy & Val said:

If interview happens to be January, then we'll be good to go since we'll have up to July to make the move.

 

I'll advice for you to check with your embassy or applicants from your country on here to find out how long it takes to schedule an interview.

You can do the estimates then go from there.

Ok thanks much

[Gitana 11]

i was delaying my case for the last 3.5 years :))) finally we decided to move and going for interview

[Mrs. Dea 10]

3 hours ago, Gitana said:

i was delaying my case for the last 3.5 years :))) finally we decided to move and going for interview

Hi Gitana what did you do to keep your case current? Did you write to them monthly? What did you entail in the writing ?

Just now, Mrs Dudley said:

Hi Gitana what did you do to keep your case current? Did you write to them monthly? What did you entail in the writing ?

Also why delay 3.5 years ?

[Gitana 11]

i had to contact embassy every 6 month. i delayed it because by the time case was ready our circumstances changed and we postponed gking back to USA, we were living in Europe 

[Hank_ 9,174]

Difference between a 2 yr. or 10 yr. GC is when you enter (POE) the USA .. if you have been married 2 years or more at entry USCIS will issue the 10 year.    Has no correlation to when you file the I-130 or start the visa process at the embassy.

Edited October 15, 2019 by Hank_

[Mrs. Dea 10]

30 minutes ago, Hank_ said:

Difference between a 2 yr. or 10 yr. GC is when you enter (POE) the USA .. if you have been married 2 years or more at entry USCIS will issue the 10 year.    Has no correlation to when you file the I-130 or start the visa process at the embassy.

Understood but we have to leave home xountry within 6 months of immigrant visa issue, so if done early POE will be under 2 years .

[Hank_ 9,174]

Yup, then you may want to drag feet at some point in the process if you want the 10 yr. card.   Be slow submitting documents to NVC or whatever.

[Mrs. Dea 10]

51 minutes ago, Hank_ said:

Yup, then you may want to drag feet at some point in the process if you want the 10 yr. card.   Be slow submitting documents to NVC or whatever.

Right, I was concerned that our case might go into 'File 13' or what they call administrative processing for being on hold. Our next anniversary is June 2020 and our case is at NVC. One suggesstion was to submit in Dec or early January. The 6 months start I think after immigrant visa issuance.