Realized filed the i485 too early??

[sandiego2020 0]

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

[Allaboutwaiting 2,503]

3 minutes ago, sandiego2020 said:

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

If you are removing conditions, the right form is I-751.

[Crazy Cat 41,981]

23 minutes ago, sandiego2020 said:

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

  Filling in your timeline will help other members answer your questions more accurately.

Edited May 6, 2021 by Lucky Cat

[mindthegap 2,590]

Or leave it, and wait and request a reschedule for the I-485 interview when it happens, in order to push it back past the 2 year date when approved.

 

Depends how tight it is - if it is a couple of months it may work, if its six months or a year, maybe not.

 

Edited May 6, 2021 by mindthegap

[Ayrton 965]

4 hours ago, sandiego2020 said:

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

Why would you gamble your AOS Interview like that? Withdrawing an application can raise questions to the IO and put the GC in jeopardy.

 

By your post, it sounds like your interview was scheduled to right before your 2 years anniversary, correct? Just go and stop thinking about avoiding ROC. One step at a time. No one should play like that with immigration.

[aaron2020 11,651]

5 hours ago, sandiego2020 said:

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

If you pull the I-485, then your EAD and AP becomes invalid.  Your current EAD and AP is based on that I-485.  
 

If you file another I-485 with a new fee, you would need to wait 6-8 months for your EAD and AP.   Then, you would need to wait almost 12-18 months for a green card.  Delay getting your green card would mean delay getting US citizenship.

Is avoiding the Removal of Conditions worth giving up your current EAD and not work for 6-8 months?  Furthermore, is it worth creating a red flag as to why your wife withdrew the first I-485?

 

 

[Ontarkie 14,280]

~~Moved to AOS FAmily K1/K3, from ROC - as this is an AOS question.~~

[aaron2020 11,651]

Another point.

The I-485 fee is $1140 + $85 for biometrics.

The I-751 fee is $595 + $85 for biometrics.

 

 

[Bzegurl 41]

Are you adjusing or removing condition? Two different things, means two differnt forms

Edited May 7, 2021 by Bzegurl

[Dashinka 24,597]

23 hours ago, sandiego2020 said:

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

Is the AOS interview already scheduled?  What is the date difference for the wedding anniversary and the interview date?

[arken 4,197]

As said, no need to withdraw the current pending AOS, just reschedule the interviews. It'll likely get pushed back by several months thereby crossing ur 2 year mark and there comes 10 yr card upon approval.

[Nitas_man 3,100]

On 5/6/2021 at 3:38 PM, sandiego2020 said:

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

Withdrawing the AOS application is going to tank your entire file.

Advised to be where you are scheduled to be when they schedule you and stop worrying about skipping steps

 

[Bzegurl 41]

Good luck

Edited May 11, 2021 by Bzegurl

[Ed&Midori1031 330]

On 5/6/2021 at 1:38 PM, sandiego2020 said:

When we filed the I485 to adjust based on marriage we didn't realize that the two years wait to remove conditions starts the day you receive the conditional GC not the day of your two year anniversary.

 

since we are almost at our 2 year anniversary, I'm wondering can I pull my initial I485 (which would have us interviewing Before our 2 year anniversary) and just refile a new i485 so our AOS interview will be after our 2 year anniversary?

Little confused, so you're trying to apply for ROC or AOS??