gardener

If we have the AOS interview three weeks before our second wedding anniversary and my wife does not receive her I-551 due to, for example, a pending security check, would she receive a two-year conditional green card:

(1) because the interview was before our anniversary, regardless of when the I-551 stamp is issued, or

(2) because the I-551, when issued, is before our 2nd wedding anniversary?

What if the I-551 stamp is placed in her passport AFTER our 2nd anniversary? Would that mean that she now has a 10-year unconditional green card?

Rete

The key is the approval date of AOS not the date the I-551 is placed in the passport.

For example (our case): interview June, approved August, stamped September (3 days after 2nd anniversary). Status CPR

Rete

Andy Platt

As Rita mentioned it's the approval date that counts. Having said that, if
the interview is three weeks prior to the second anniversary and it cannot
be approved at that time for one of the reasons mentioned, the chances are
it won't be approved until after the second anniversary and so it would be
without conditions. In my case the interview was four weeks prior to my
second anniversary but I was approved that day and so I'm conditional.

Andy.

--
I'm not really here, it's just your warped imagination
"gardener" <member10162@british_expats.com> wrote in message
news:[email protected]...
    > If we have the AOS interview three weeks before our second wedding
    > anniversary and my wife does not receive her I-551 due to, for example,
    > a pending security check, would she receive a two-year conditional
    > green card:
    > (1) because the interview was before our anniversary, regardless of
    > when the I-551 stamp is issued, or
    > (2) because the I-551, when issued, is before our 2nd wedding
    > anniversary?
    > What if the I-551 stamp is placed in her passport AFTER our 2nd
    > anniversary? Would that mean that she now has a 10-year unconditional
    > green card?
    > --
    > Posted via http://britishexpats.com

Folinskyinla

Hi:

I agree with the posts by Rete and Andy Platt. However, I have one thing to add.

This is a judgement call, but I recommend against the idea of postpoing the interview just to get the 10 year green card. I have seen situations where the US petiitioner has died in an accident in the interim and not only is the alien spouse a widow, they are without remedy. A high price to avoid an I-751.

Grinch

Hey Mr Platt......Hows life?


"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
    > As Rita mentioned it's the approval date that counts. Having said that, if
    > the interview is three weeks prior to the second anniversary and it cannot
    > be approved at that time for one of the reasons mentioned, the chances are
    > it won't be approved until after the second anniversary and so it would be
    > without conditions. In my case the interview was four weeks prior to my
    > second anniversary but I was approved that day and so I'm conditional.
    > Andy.
    > --
    > I'm not really here, it's just your warped imagination
    > "gardener" <member10162@british_expats.com> wrote in message
    > news:[email protected]...
    > >
    > > If we have the AOS interview three weeks before our second wedding
    > > anniversary and my wife does not receive her I-551 due to, for example,
    > > a pending security check, would she receive a two-year conditional
    > > green card:
    > >
    > >
    > >
    > > (1) because the interview was before our anniversary, regardless of
    > > when the I-551 stamp is issued, or
    > >
    > >
    > >
    > > (2) because the I-551, when issued, is before our 2nd wedding
    > > anniversary?
    > >
    > >
    > >
    > > What if the I-551 stamp is placed in her passport AFTER our 2nd
    > > anniversary? Would that mean that she now has a 10-year unconditional
    > > green card?
    > >
    > >
    > > --
    > > Posted via http://britishexpats.com

Marjeta

Assuming this scenario is rather unlikely, in the case where the AOS interview is really just a couple of weeks before the 2 year wedding anniversary, wouldn't it be a good idea to help things out a little bit towards that 10 year GC? I'm not saying necessarily postponing the interview, but for example have a missing document (such as your medical sheet) that you can file later. How much would that affect the outcome of the interview?

Doesn't it happen quite too often lately that they tell you at the interview "you are all approved", but then you have to wait ages before they give you something in your hand that shows it, because of various background checks?

Folinskyinla

Hi:

Most of us think we will be alive a month from now. It isn't necessesarly true. I know that some talmudic scholars have said that a person has eithical obligations which they must fullfill on the last day of their life. The students ask, how will you know what will be the last day of your life? Scholar responds -- you don't know, so treat today like the last day of your life.

K

I don't know if this helps but my husband had his greencard interview
(in Chicago) six weeks before our 2nd wedding anniversay. However,
because his security checks had not cleared he did not receive his
greencard stamp until yesterday (Dec 11) - some five months after our
2nd anniversary. His stamp was a ten year one - so no conditional
residency hoop to jump through.

Folinskyinla <member4043@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by gardener
    >
    > > If we have the AOS interview three weeks before our second wedding
    > > anniversary and my wife does not receive her I-551 due to, for
    > > example, a pending security check, would she receive a two-year
    > > conditional green card:
    >
    > >
    >
    > > (1) because the interview was before our anniversary, regardless of
    > > when the I-551 stamp is issued, or
    >
    > >
    >
    > > (2) because the I-551, when issued, is before our 2nd wedding
    > > anniversary?
    >
    > >
    >
    > > What if the I-551 stamp is placed in her passport AFTER our 2nd
    > > anniversary? Would that mean that she now has a 10-year unconditional
    > > green card?
    >
    >
    >
    > Hi:
    >
    >
    >
    > I agree with the posts by Rete and Andy Platt. However, I have one
    > thing to add.
    >
    >
    >
    > This is a judgement call, but I recommend against the idea of postpoing
    > the interview just to get the 10 year green card. I have seen
    > situations where the US petiitioner has died in an accident in the
    > interim and not only is the alien spouse a widow, they are without
    > remedy. A high price to avoid an I-751.

Marjeta

Well yeah, it is a nice phylosophy, but let's put it this way... If my husband dies I don't want to stay in this country all by myself anyway, so in this case I don't need my GC.

I myself would probably choose to do everything by the book and get it over with as soon as that date comes, but let's talk hypothesis.

Rete

Also one should keep in mind that if it took the district office 21 months to schedule your initial AOS interview and you postponed it, there is no guarantee that you would be rescheduled quickly. For all one knows, it might take 6 months or more to reschedule. During that six month wait period, perhaps one might have to reapply for a new EAD or an AP or their fingerprints might have expired and have to be redone.


Rete

Matthew Udall

I recall attending an AOS interview in San Francisco a number of years ago, and if memory serves me correctly, the interview was scheduled a few days (perhaps as much as a week) before the couple's second wedding anniversary.

During the interview I pointed this fact out to the officer and asked if there was any way he could postpone giving the official approval until after the 2nd anniversary. He said no problem and did just that.

I would not expect this same sort of treatment all the time.

-(10 minutes later)-

Hmm, in a related topic, I just took a call (since typing the above paragraphs) from one of my Detroit K-1/AOS couples. She had been given CLPR (Conditional) status back on 12/10/01 (instant adjudication of their AOS on the day they filed), however she should have been given non-conditional status since the marriage was just slightly over 2 years old by the time of approval (hey, they waited a heck of a long time between her entry with her K-1 and the filing of the AOS!). The international spouse was told at the interview that she was getting Conditional status.

In January 2002 I started calling and faxing Detroit about the problem. After taking my initial calls and reading my follow up fax, officer Lin called me and asked me to have my clients come in with some items and to ask for him so he could make sure this matter was resolved.

Back in April 2002 her Conditional card arrived in the mail and it too indicated that she had Conditional status.

Last week he (the USC hubby) called saying they never went in to get this fixed (and he was worried since the expiration date on the 2 year greencard was coming up). I again told him what to do and what to take in (In January 02 I had already supplied him with a package containing copies of everything needed to illustrate the problem to the USCIS in Detroit). He just called saying they went in and Detroit took care of the problem. His wife’s new card has been ordered, she's an LPR (not CLPR) and there was no fee charged to get this problem fixed (the I-90 fee was waived by the USCIS, and of course since I charge a flat rate fee, my client did not pay a penny more to me for the time I spent on this back in 2002, nor for my time spent last week).

M.U.

gardener

[QUOTE]Originally posted by Matthew Udall
I recall attending an AOS interview in San Francisco a number of years ago, and if memory serves me correctly, the interview was scheduled a few days (perhaps as much as a week) before the couple's second wedding anniversary.

During the interview I pointed this fact out to the officer and asked if there was any way he could postpone giving the official approval until after the 2nd anniversary. He said no problem and did just that.

///////////////////////////////

Thanks to all who responded with their insights on this matter. I was hoping that the interview was on a day that my wife was in China (she was there for 6 weeks, and just came back last week), and that would have given me a legitimate excuse to postpone the interview. I feel a bit uneasy about coming up with an alibi to push back the interview after our two-year wedding anniversary, so we'll just attend the interview as scheduled, and hope that everything goes well except for something that is beyond our control (such as a pending security clearance) that will delay approval until after that magical two-year period. If we get lucky and we could be approved that day, I'll take Mr. Udall's advice and ask the agent if he could kindly delay approval so that my wife gets the 10-year green card. Wouldn't hurt to ask.

Matthew Udall

While it is true that I shared my story, by doing so I was not "advising" you on what to do in your particular case.

You might get an officer who will scoff at that idea of postponing the approval, or you might get one like I had (in my tale of this old case).

Note that I, an attorney, asked the officer for this favor. I did not have the client ask for this favor. I provided a shield for my client by "my" asking and would have absorbed the heat from the officer if he reacted badly to my request.

So while I might speculate that perhaps you are correct in your assertion that it can't hurt to ask, please note that this is your conclusion, not necessarily mine.

gardener

/////////////////////////////////

Mr. Udall,

Whatever I decide to do, I carry the burden on my shoulders. I don't believe in passing blame on others for actions I take upon myself to act upon. I gather opinions and advice and act accordingly. If positive results happen, I thank the giver, if not, it's my tough luck. Thanks for your concern.

Matthew Udall

No problem, and good luck with the rest of your case.

M.U.