JDWright

All done guys, interview and oath ceremony in one day, 4/13/23. 2 month turn around.

Longest stretch was that awful period when I was removing conditions 

7 hours ago, beloved_dingo said:

Not that it's much better, but according to their timeline it was 5 years, not 6. (Filed Jan. 2018, approved Jan. 2023)

18-23 is 6 years? I filed late Jan but either way it's an inordinate amount of time. 

3 hours ago, Rocio0010 said:

Why did they take so long? What updates did you have?

Just one RFE, that I replied to the same day I received it, they acknowledged it a month later and then nothing for years.

5 minutes ago, OldUser said:

I bet @JDWright was busy with other things in life. Meanwhile his LPR matured like a good wine and his N-400 will be a cherry on the top of the cake he ordered for dessert!

 

Good data point as to how long I-751 can take to be decided.

 

Did you have RFEs, any complications or gotchas you could share @JDWright? 

I only had one RFE, thought I put it in my timeline, I'll check, anyway, I responded to that promptly enough if I recall it was just asking for proof of joint finances, easy oversight on my part, easy fix too. They just dragged and dragged and dragged with a result. 

So after 6 years my ROC was finally approved; since they took their sweet sweet time processing my ROC. Am i able to just apply for my N400 right away? I should've been eligible to apply from year 3 technically right?

Like the title said I've been waiting 2/3 years now for my RoC from my 2 year GC. I've had one RFE which I've replied to and no further notices since. The letter they sent that proves my residency while pending has lapsed in date as well. I have no way of proving residency atm. I've already contacted them and they haven't given me any more information than I can't find online and with this COVID stuff getting an appointment is impossible. So what do? 

5/6 months sojourns home? You most likely (99%) will run into problems on reentry. As an LPR you're supposed to live in the US. i.e. spend most of your time there. Short trips are fine, but 6 months is begging for trouble.

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

See this page for more info, it states:

"Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:

• The reason for your trip;
• How long you intended to be absent from the United States;
• Any other circumstances of your absence; and
• Any events that may have prolonged your absence.
• Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence."

These caveats might be very difficult to prove to USCIS though as with everything. Other sources say that 6 month absences are determined to be abandonment of status.

That sort of absence will also slow down your removal of conditions status.

K1 route can take as little as 2 months in some cases or as long as a year or even longer in very rare and extreme cases, but the ball park average is about 6-7 months I believe.

Your girlfriend would have to leave the US if you married her on a tourist visa for processing in her home country, if the intent on entry was to get married and AOS. But a lot of persons marry on tourist visas and adjust without leaving the US, since it can be difficult to prove intent on arrival. That's my understanding of it.

You are not legally allowed to work in the US prior to receiving the EAD/Green Card; to my knowledge this extends to all work that involves you signing a contract. However you can do small jobs like baby sit or any small thing like that and be paid. As far as I know you can work for your native country remotely just fine. Adsense is fine as well.

Yes and yes you can get health insurance.

Single and living alone is irrelevant, they base it on taxes, so if he claims anyone on his taxes at all then that counts to household size. If he has a child that he claims for then house hold is 2. If he has 2 children house hold is 3.

Mine took a few days, less than a week.

It's multiple entry, but don't over do it with the trips. You're supposed to be an immigrant so most of your time is supposed to be spent in the US. If you have to be out of the country often for extended periods, when you get your green card. apply for a reentry permit.

Card received

Green Card arrives on Wednesday

It's not unheard of, but once you have enough evidence of a bona fide marriage and relationship (which it seems like you do) then you're covered.

Thank you so much!!!

I thought so...but you know...JUST MAKING SURE.

do you upgrade your SSN too? mine says: DHS WORK AUTHORIZATION ONLY...

Up to you, but it doesn't seem to affect anything. If anyone asks you do have DHS authorisation in the form of your GC so meh

Maybe my questions might stupid but I was talking with my husband and I had some doubts....

1-Once you have the green card do you still have to ask for AP if you want to leave the USA?

2-same for EAD..do you have to reapply once it expires or now I am good to go ?

ps:I still haven't got anything in the mail..just the approval on the website on Feb 2.

No the green card trumps both. The EAD/AP application is done so that you can work or take a short trip out of the US while your GC is pending without having deemed abandoning your residency. So once your GC is in your hand you need not worry about asking for AP or revalidating your EAD. The GC allows you to work in the US.

You can try. But for that reason, I'm not sure it will be granted. Just make an infopass appointment once you are in the US and married.

What you do is up to you. But if she does not want to stay in the US then save the 1000 let her go, you can go with her. If you two decided after that you want to return to the US then you can file for the spousal visa in Italy I believe. AoS will take some time and you can't just pick up and leave for extended periods as a permanent resident, so choose wisely.

The EAD will come before anything else (in normal cases), sometimes the green card comes first but that's rare I think. I'm not sure the others update or something, with mine only one case updated even though they're all connected. *shrug* I don't think the sex matters either, mine is also same sex AOS and my cases were approved with no trouble

The K1 is void on entry, the i94 has a 90 day window before expiration, once you're married in that window your partner is safe. He can remain in the US. He will be out of status, but that is forgiven. Apply for AoS and he will all under the category of "period of stay authorized by the Attorney General" while pending AoS.

The DMV can only issue to persons who have a valid i94 or green card.

New card s being produced.

EAD/AP combo card in production and mailed today

The embassy will communicate with USCIS on the issue and have it extended to my knowledge. It happens from time to time. Continue to email them, include case number and alien number.