AOS interview date past 2-year of marriage

[EatBulaga 316]

Hello AOS gurus,

I'm following the visajourney timeline for K1 to AOS

https://www.visajourney.com/guides/k1-fiance-visa-flowchart/

 

Since many of the AOS Field Offices processing times are over 2 years

https://egov.uscis.gov/processing-times/

And if the interview date is after the 2-years of marriage from K-1 and AOS is approved, is the 10-year green card granted or the 2-year green card? 

 

If the 10-year green card is granted, then it would save a Removal Of Condition process, and we should be rooting for the AOS interview delays?

 

Thanks for any responses.

Edited June 6, 2022 by EatBulaga

[Just Paul 4,595]

What matters is that the AOS was filed timely.

 

The 2yr/10yr card depends on when it is approved and not the interview day.  Approval can be the interview date or a later date.

[carmel34 3,639]

comments deleted

Edited June 7, 2022 by carmel34

[EatBulaga 316]

36 minutes ago, carmel34 said:

There is no way to avoid ROC after a K-1, even if the AOS is delayed for years.  AOS approval always results in a 2-year green card, regardless of the marriage date.  Research the process a bit more.  For example, if you got married after entering the US via a K-1 on May 1, 2022 (your timeline is not up to date so just guessing based on K-1 approval in April), and filed the AOS package on May 15, 2022, then you wait for the conditional, 2-year green card.  This is taking a year or more right now, so maybe the conditional green card will arrive May 15, 2023.  Then you file for ROC 2 years less 90 days before the date on the conditional green card.  That would be around February of 2025.  Then you wait for the ROC process and after that is approved (1+ years), you get the 10-year green card in 2026.  Good luck!

Some of the AOS field offices are taking 2-3 years to process. For example, K1 gets married and AOS sent by May 15, 2022. Interview is August 2024, and approval is sometimes in 2025. The green card arrives in 2025 is still 2-year till 2027? And have to remove condition 90-days before expiration in 2027? All this time the original beneficiary has been in the US about 5-years, so could start the Naturalization process concurrently with the Removal of Conditions?

Edited June 6, 2022 by EatBulaga

[Just Paul 4,595]

You can not file for naturalization as a just a conditional green card holder.  You must at least have filled for ROC.   

 

Get married and file the AOS and get the process started.  The only control that you have in the immigration process is filing on time and correctly. Everything else is conjecture at this time.

[carmel34 3,639]

comments deleted

Edited June 7, 2022 by carmel34

[Ellie_7 103]

"Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident." USCIS (link below) For an I-485 applicant, that day would be the day your green card is approved. So if you are married for more than two years when your green card is approved, you receive the ten-year green card.
https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

[Chancy 6,241]

*** Moved from AOS Progress Reports to AOS from K1 Visas forum ***

 

16 hours ago, EatBulaga said:

And if the interview date is after the 2-years of marriage from K-1 and AOS is approved, is the 10-year green card granted or the 2-year green card? 

 

10-yr GC if AOS approval date is after 2 years from wedding date.

 

[Demise 1,296]

7 hours ago, carmel34 said:

There is no way to avoid ROC after a K-1, even if the AOS is delayed for years.  AOS approval always results in a 2-year green card, regardless of the marriage date.  Research the process a bit more.  For example, if you got married after entering the US via a K-1 on May 1, 2022 (your timeline is not up to date so just guessing based on K-1 approval in April), and filed the AOS package on May 15, 2022, then you wait for the conditional, 2-year green card.  This is taking a year or more right now, so maybe the conditional green card will arrive May 15, 2023.  Then you file for ROC 2 years less 90 days before the date on the conditional green card.  That would be around February of 2025.  Then you wait for the ROC process and after that is approved (1+ years), you get the 10-year green card in 2026.  Good luck!

As per Matter of Sesay a K-1 who's I-485 is adjudicated after 2 years since marriage is not subject to conditional residency. So, in cases where it takes over 2 years for USCIS to get to it, they should receive a 10 year green card. If you know of someone who did they should be filing an I-90 to make USCIS fix their error.

Edited June 6, 2022 by Demise

[Letspaintcookies 2,310]

8 hours ago, carmel34 said:

There is no way to avoid ROC after a K-1, even if the AOS is delayed for years.  AOS approval always results in a 2-year green card, regardless of the marriage date.  Research the process a bit more.  For example, if you got married after entering the US via a K-1 on May 1, 2022 (your timeline is not up to date so just guessing based on K-1 approval in April), and filed the AOS package on May 15, 2022, then you wait for the conditional, 2-year green card.  This is taking a year or more right now, so maybe the conditional green card will arrive May 15, 2023.  Then you file for ROC 2 years less 90 days before the date on the conditional green card.  That would be around February of 2025.  Then you wait for the ROC process and after that is approved (1+ years), you get the 10-year green card in 2026.  Good luck!

This would be new. If AOS approval is 2 years past marriage one very well gets a 10 year card.

[Verrou 1,962]

depend on the local field office. atlanta is quite slow, so ( probably) you will get the interview past 2 years of marriage ( u will get 10 years GC) but i wont hold AOS just to avoid ROC. who knows what happened during the AOS interview anyway, many people are not approved on spot and they waited for weeks, months, years.  in my friend case, it's been 3 years 7 months since he did AOS interview in Virginia and up to this date he never get his GC believe it or not

Edited June 6, 2022 by Misscloud

[Letspaintcookies 2,310]

5 hours ago, carmel34 said:

The answer to both of your questions is yes.  This is one of the biggest disadvantages of the K-1 vs. CR-1.  Plus the delay in being eligible to naturalize, and 8 or more months trapped in the US not being able to leave the country or work after filing the AOS package.

Well no. One would get a unconditional 10 year card and can skip ROC.

[arken 4,197]

If the AOS interview date or the approval date is after the 2-year anniversary, 10 year GC will be issued. How the person married or how it got to AOS  doesn't matter. Sometimes uscis does make mistakes and may issue 2 yr card but then once can replace it for free to 10 yr card in such mistaken cases.

Edited June 7, 2022 by arken

[hope inmyheart 9]

my wife just recently did the interview for AOS. not sure why my case is done so fast i submit all paperwork end of Jan and got interview on 5/31. when we finish the interview the examiner told me she will receive conditional gc due to less than 2 yrs marriage, otherwise will be 10 yrs gc

Edited June 7, 2022 by hope inmyheart

[EatBulaga 316]

It seems that there are differing opinions about this K1-to-AOS past 2-year marriage green card issuance.

It is very possible that whichever green card is issued (2-year or 10-year) could be dependent on the field office interviewer at the time?

Some may consider if the marriage is beyond the 2-year, and some may not?

 

I guess if any AOS'ers that have over 2-year wait and did receive the 10-year green card, please share so that we at least have some cases to refer to? Thanks much to all who responded!

 

Edited June 8, 2022 by EatBulaga