Removal of conditional status interview & contingencies

[andr0s]

Hello, everyone.

After a full year of waiting, I have finally received the letter summoning me and my wife to an in-person interview with USCIS representative, regarding removal of conditional status on my Permanent Resident card (based on marriage) this week.

Seeing how the case wasn't resolved via mail (unlike three of my friends, who simply received their new cards in mail within 6 months of filing), and understanding that we are somewhat lacking in some of evidence USCIS asked us to submit (namely, joint mortgages, credits, joint deeds to residence or vehicles, etc), we're more than slightly uneasy regarding the outcome of the interview. So I have a couple of questions, answers to whom would be greatly appreciated. Most of them regard contingency options if interview outcome is other than positive.

1) Grace period & complaints:

If my request for removal of conditional status is denied (and, thus, I lose my green card), how long is the time period between final interview and date at which I'd have to leave the country? Also, what are the complaint / case review options I would have available to me? Would I be ordered to leave immediately (possibly removed), or would there be a grace period in which I could 'settle my affairs' and seek other grounds for a green card renewal/extension?

2) Filing for citizenship:

I have recently been made aware that one of criteria sets for citizenship is three years of marriage to an US citizen (with certain time limits on out-of-country absences). I fulfill that criteria, and I was wondering if I can petition for citizenship on those grounds, IF my marriage-based resident alien status is revoked? That is, if USCIS deems that my marriage is not 'real enough' to renew my green card, would that prevent me from filing for citizenship on the same grounds?

3) Other options:

What might be my other venues of re-gaining resident permit? I'm gainfully employed by an US corporation for 2 years now, so I suspect that might be one of them - but would I be required to leave country nevertheless while that is being processed?


Thank you in advance for all the answers, suggestions and new perspectives!

 

[LucyMO]

Also, what are the complaint / case review options I would have available to me?

there is such a thing as motion to reopen. Get a lawyer to do that.

2) Filing for citizenship:

I have recently been made aware that one of criteria sets for citizenship is three years of marriage to an US citizen (with certain time limits on out-of-country absences).

that's three years in permanent resident status, not three years of marriage.

I fulfill that criteria, and I was wondering if I can petition for citizenship on those grounds, IF my marriage-based resident alien status is revoked? That is, if USCIS deems that my marriage is not 'real enough' to renew my green card, would that prevent me from filing for citizenship on the same grounds?

you cannot apply for citizenship if you don't have a GC.

3) Other options:

What might be my other venues of re-gaining resident permit? I'm gainfully employed by an US corporation for 2 years now, so I suspect that might be one of them - but would I be required to leave country nevertheless while that is being processed?

unless your employer is willing to sponsor you for a GC... I don't see any other way of immediate immigration. You, of course, can start the immigration with the same wife all over again, if you wish.

 

[andr0s]

that's three years in permanent resident status, not three years of marriage.
<snip>
you cannot apply for citizenship if you don't have a GC.

My Green Card reads 'Resident since 2/27/04' so in a month, it'll be three years. It does appear that, by that time, this whole issue might be resolved anyway - but I was wondering if, if the case runs into yet another snag (board seems to be full fo mentions of them), can I submit citisenship app even though Green card is under review? And would that link two cases in a dependent relationship (GC outcome dictates Citizenship) or would they be processed separately?

Thank you for the point-by-point reply, Lucy! Could you perchance direct me towards any 'how to' sources of information on how to file for a reopen?

 

[Triple Citizen]

One does not need to wait for the adjudication of I-751 to apply for naturalisation, assuming the applicant fulfills the conditions for naturalisation.

 

[pianoplayer]

Hello, everyone.

After a full year of waiting, I have finally received the letter summoning me and my wife to an in-person interview with USCIS representative, regarding removal of conditional status on my Permanent Resident card (based on marriage) this week.

Seeing how the case wasn't resolved via mail (unlike three of my friends, who simply received their new cards in mail within 6 months of filing), and understanding that we are somewhat lacking in some of evidence USCIS asked us to submit (namely, joint mortgages, credits, joint deeds to residence or vehicles, etc), we're more than slightly uneasy regarding the outcome of the interview. So I have a couple of questions, answers to whom would be greatly appreciated. Most of them regard contingency options if interview outcome is other than positive.

1) Grace period & complaints:

If my request for removal of conditional status is denied (and, thus, I lose my green card), how long is the time period between final interview and date at which I'd have to leave the country? Also, what are the complaint / case review options I would have available to me? Would I be ordered to leave immediately (possibly removed), or would there be a grace period in which I could 'settle my affairs' and seek other grounds for a green card renewal/extension?

2) Filing for citizenship:

I have recently been made aware that one of criteria sets for citizenship is three years of marriage to an US citizen (with certain time limits on out-of-country absences). I fulfill that criteria, and I was wondering if I can petition for citizenship on those grounds, IF my marriage-based resident alien status is revoked? That is, if USCIS deems that my marriage is not 'real enough' to renew my green card, would that prevent me from filing for citizenship on the same grounds?

3) Other options:

What might be my other venues of re-gaining resident permit? I'm gainfully employed by an US corporation for 2 years now, so I suspect that might be one of them - but would I be required to leave country nevertheless while that is being processed?


Thank you in advance for all the answers, suggestions and new perspectives!

Hi:

Denials of I751 are very rare. If you have a bona fide relationship, even with weak proof, you will likely be eventually approved. Denials occur mostly in instances of outright fraud, some divorces before removing conditions etc.

You may file for citizenship as soon as you are eligible. An approved I751 is not a condition to filing for naturalization. Note, I express no opinion as to the particulars of your case and as to your eligibility for citizenship.