OldUser

It is something that is not in the public domain. It could be random or there could be criteria. Only USCIS have the knowledge.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5
 
it appears it’s on a case by case basis.
 
But I also suspect that due to a new policy that was issued in April 2022 which says that Removal of Conditions (I-751) interviews will be waived if there was a consular interview abroad (e.g. CR1/K1), that they also apply that for AOS for K1 applicants because after that announcement there has been a number of interview waivers for AOS K1s here on VJ . The reasoning is that the consulate already verified if the relationship is bona fide so they’re trying to reduce their workload.

but I also think it’s not universal, that the IOs have the discretion to either request or waive the interview after looking at the case details.

We had our AOS K1 interview but that was before the announcement 
 
https://www.uscis.gov/newsroom/news-releases/uscis-implements-risk-based-approach-for-conditional-permanent-resident-interviews

Neither my wife nor I submitted state ID / DL with our N-400s. 
 
At the interview the ISO might ask to see state ID / DL as this is evidence of not  abandoning status  and is evidence of qualifying as a resident of the state for the previous 3 months. Some people argue that maintaining a correct state ID / DL is evidence of good moral character (personally I am skeptical).  
If your state requires a new ID / DL after an address change then do that immediately after moving.  Some states neither require it, nor allow it.  

@jxn I don't believe state ID is required during N-400 submission, but may be asked by IO during the interview'

You need to prove your relationship. Proving mother <--> son relationship may be easier than stepfather <--> step son relationship.

Good for them. 
If they are following standard I-9 verification rules as an employer would, then 
a) they do not get to choose/dictate what documents you produce. 
b) an unrestricted ss card and valid state ID/driving license will satisfy list b+c documents in full as proof of lawful status. 
 
If they are following I-9 protocol, then they CANNOT demand sight of your gc. Trying to explain ‘well I’m a permanent resident but my card was only a two year one which has expired but I’m still a permanent resident but only in extension letter and/or stamp form for a couple of years and please remember that the card is proof of status and not the status itself’ is confusing af to clueless hr people at the best of times.
Draw their attention to the clear info, and warning at the top of page 1 and the list on page 3 of the I-9 form HERE , and give them some nightstand reading with the employers handbook HERE. 

 
 

Closed.

File in a month after move. This reduces the chances of any error due to address change.

I wish I could be a fly on the wall at OP's interview, I wonder if they'll try to "educate" the IO as well.

This thread has my vote as most confusing of 2022. 😁

OP... can you explain YOUR specific situation? I'm a little confused. 
Is it just the 3 month trip to your home country during COVID or is it additional information of one spouse works as a trucker AND is going to night school? 
And when is the interview. If you've only been married for 3 years when did you get your GC? Generally, you can only apply for citizenship after 3 years married to a USC and 3 years of holding the GC. 
Have you had your I-751 interview yet or will it be a combo interview? 
 

They can't offer help. They can't understand the written lines in USCIS manual. If you give them examples when the husband can't be home, they laugh. An user above tells me to meet my wife in a neutral country :)). They are just passionate about their believes and nothing more. Those type of people who think that if u are married with a woman you need kids to prove USCIS the union...

Op, please update us with your case after the interview. Good luck.

There is not help here for me about this. You and Mike unfortunately don t make any sense. I ve read all their policy about this subject and https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-319/section-319.1 too. There is not mention anywhere about the interdiction of being gone alone for a period of time if indeed you remain in a marital coexistence. And it is normal to be like this otherwise you would be forced to live under the same roof for 3 years which obviously is a non sense. Many jobs /situations require travelling and being away from home...
 
Case closed, i am not going to continue on this subject. 
Please close this thread if possible.

You don't have to prove it to me, I'm not an IO deciding cases based on 3 year marriage rule.
 
Just make this point at the interview if IO wants to deny you and let us know how it goes.
 
Good luck!

I've got a feeling we're being trolled here or something.
 
OP, if you're serious, just post the outcome of your interview for our knowledge. People here only try to help you based on what we've seen so far on this forum. Hopefully, you would get a quick positive decision without RFE. Especially if IO doesn't bring the subject in the interview.
 
 
 
 

There's a trucker immigration forum!!! Do tell!!!
Well that would be not true. You've quoted USCIS policy at length that provides an exception for work-caused separations.
 
Best wishes.

Could someone please explain what the purpose of this thread is? I'm lost.

We reapplied. There was no point in contesting because it might take longer, we might lose, it costs roughly the same, and we are pretty much guaranteed to succeed on reapplication. We got a very fast interview scheduled in September, then they cancelled it. Months later we are still waiting with no interview. Don't risk it over the 3 months.

Any answer here will be pure speculation. nobody can’t know this exactly.

What are the base of your question?

The problem is, it's always your burden to prove you're eligible for immigration benefit:
 
"Burden of Proof The burden of proof to establish eligibility for an immigration benefit always falls solely on the benefit requestor. [1] The burden of proof never shifts to USCIS."
 
Source: https://www.uscis.gov/policy-manual/volume-1-part-e-chapter-4
 
So this means it's not USCIS job to prove you're ineligible. It's the other way round.
 
Furthermore:
 
"This means that the benefit requestor has come forward with the facts and evidence which show that, at a minimum, and without any further inquiry, he or she has proven initial eligibility for the benefit sought, though in certain cases the officer is then required to determine whether approval or denial is appropriate, in his or her discretion. "
 
 
 

You don't have to prove it to me, I'm not an IO deciding cases based on 3 year marriage rule.
 
Just make this point at the interview if IO wants to deny you and let us know how it goes.
 
Good luck!

Because it's very likely computer systems are automatically checking the applications initially. Those systems may struggle when the form is both handwritten and typed.
 
If you cannot type it all, just complete the entire form by hand.
 
This is just a suggestion, I don't know that for a fact.

I hope you are approved without an RFE or interview. 

Lol. senior moment.