AOS to 10-year GC

[EatBulaga 252]

Greetings Everyone,

We are a K1-to-AOS filer with our Field Office wait time of 35 months. I'm trying to find similar cases who have had extended AOS wait times.

 

1. Please let me know if anyone here has done the K1-to-AOS and got the 10-year GC because of the delayed I-485 processing beyond the 2-year of marriage?

 

2. Also, if the K1-to-AOS is to be granted the 10-year GC because of the delayed I-485 processing, is the I-751 ROC still required before filing the N-400 under the 5-year rule?

 

Thanks in advance for any responses.

Edited March 18, 2023 by EatBulaga

[Mike E 11,723]

8 minutes ago, EatBulaga said:

2. Also, if the K1-to-AOS is to be granted the 10-year GC because of the delayed I-485 processing, is the I-751 ROC still required before filing the N-400 under the 5-year rule?

It is not required if the date I-485 is approved at least two years after the date of marriage.

[Family 3,478]

Congratulations you have skipped ROC/ I-751..but I would definitely start making some noise to get your case unstuck. Congressional inquiry, omnbudsman, InfoPass, some Supplemental Filing ( updated joint life evidence for the 35 months , include a new medical and send copies to service center and Field Office) and if all else fails , file a writ of mandamus.

[Family 3,478]

15 minutes ago, Family said:

Congratulations you have skipped ROC/ I-751..but I would definitely start making some noise to get your case unstuck. Congressional inquiry, omnbudsman, InfoPass, some Supplemental Filing ( updated joint life evidence for the 35 months , include a new medical and send copies to service center and Field Office) and if all else fails , file a writ of mandamus

Ignore above comment. Unable to edit / delete . Was reading your detailed timeline.
Nice job on I-765 expedite!!
Given your skills to stay on top , you will be approved way before the 35 month field office time frame. 

[EatBulaga 252]

20 hours ago, Family said:

Ignore above comment. Unable to edit / delete . Was reading your detailed timeline.
Nice job on I-765 expedite!!
Given your skills to stay on top , you will be approved way before the 35 month field office time frame. 

Haha @Family. Thanks @Mike E. Since we've waited this long, I'm thinking that delaying the I-485 approval till after the 2-year of marriage to qualify for the 10-year GC may be more preferable? 

It would be cheaper and less paperwork not having to go thru the I-751?

 

I'm still looking for cases where K1-to-AOS filers were granted 10-year GC because of the I-485 delay? If anyone can refer individual cases or know maybe a group online, I really appreciate it.

Edited March 19, 2023 by EatBulaga

[EatBulaga 252]

Since I haven't seen many delayed AOS to 10-year Green Card cases, I asked ChatGPT for some online resources. This is how ChatGPT responded:
 

 

I'm sorry, but as an AI language model, I do not have the capability to browse the internet or access online posts in real-time. However, I can provide you with general information about the I-485 filing and the process of obtaining a green card through marriage.

 

When an individual marries a U.S. citizen or lawful permanent resident, they may be eligible to apply for a green card through marriage. The process typically involves filing an I-485 application with U.S. Citizenship and Immigration Services (USCIS) to adjust status to permanent resident.

 

In cases where the marriage is less than two years old at the time of filing the I-485 application, the applicant may initially receive a conditional green card that is valid for two years. To remove the conditions and obtain a permanent green card, the couple must file a joint petition during the 90-day period before the conditional green card expires.

 

However, in some cases, an I-485 application may be delayed past the two-year mark due to processing backlogs or other factors outside of the applicant's control. In these situations, it may still be possible to obtain a 10-year green card by demonstrating that the marriage was bona fide (genuine) and that the applicant meets all other eligibility requirements.

 

To demonstrate the bona fide nature of the marriage, the applicant may need to provide evidence such as joint bank accounts, joint leases or mortgages, photographs of the couple together, and affidavits from friends and family members attesting to the legitimacy of the relationship.

 

It's important to note that each case is unique, and the outcome of an I-485 application can depend on a variety of factors. If you have specific questions about your situation, it's recommended that you consult with an immigration attorney for guidance.

 

I can see the day that ChatGPT replacing an immigration attorney 😂

Edited March 19, 2023 by EatBulaga

[OldUser 4,797]

@EatBulaga it may replace a bad attorney, but unlikely to replace VisaJourney any time soon. See how it replied to some of forum member's questions about immigration and how it got confused about one question:

 

 

[EatBulaga 252]

4 hours ago, OldUser said:

@EatBulaga it may replace a bad attorney, but unlikely to replace VisaJourney any time soon. See how it replied to some of forum member's questions about immigration and how it got confused about one question:

 

 

If I'm not mistaken, I think ChatGPT bots all the internet for the information source including Visajourney to train the AI? The reliability of the source still remains.