Was given Section 216 Notice at immigration interview, then I got RFE with deadline on the 2yrs mark. Will I get conditional GC?

R

Ricard Robins

New Member
Wife (UScitizen) and I entered lovely marriage, however, we've grown apart to the point that she wants to walk away and not work on it anymore, she's acting highly emotionally, not rationally, she's no longer reliable, it's a painful, frustrating situation. AOS-interview took place almost 23 mths after our marriage and went great, immigration officer was very courteous and welcomed me to the US, I was given Sec. 216 Notice stating my residence will be conditional for 2 yrs as of the approval date and we'll have to submit Form I-751 to remove conditional basis.
2wks later an RFE (simple stuff that we took to interview but the immigration officer never asked to see) was mailed to our previous address (we moved to new address the day after AOS-interview and updated address within 10 days), I only got it cause I went back to check our old place's mailbox. Such RFE's deadline is exactly 1 calendar day before our marriage's 2-yr mark. Given our relationship is complicated and future is uncertain I'd like not to depend on her 2 yrs in the future, so I'm tempted to wait until the deadline to respond to RFE. Question is if it's worth it and I'll get 10-yr GC, or because I got a Sec. 216 notice, I'll get conditional GC anyway.
 
If you become a permanent resident (i.e. AOS is approved) after you have been married for 2 years, you will become a non-conditional permanent resident. If that's the case and you get a 2-year card, it is in error and can be corrected for free. It is unclear that waiting until the last day will cause it to be approved after the 2-year mark, however.
 
Thank you for your answer! I'm just thinking of waiting till last day to submit the response to the RFE and improve my chances. I guess my question here is if that "Section 216 notice" I was given (stating it will be valid for 2 years after approval) will override or outweigh the part of the immigration law that says that if approval is after 2-year mark it will automatically be a 10yr GC. I'm not sure if I'm being too bold here to think that would be a likely outcome.
 
You’ll also want to make sure there are no appearances of you trying to game the system. Because you got your green card through marriage, this will all be re-examined when you naturalize.
 
Whatever the RFE is for, has to be responded to before the deadline date. Simple as that. An AOS approval should ideally result in a 10-year green card, not sure if there are any exceptions to that rule.

It's not common for an AOS interview to be so late. How long after the wedding was the i130 filed?
 
1AurCitizen said:
Whatever the RFE is for, has to be responded to before the deadline date. Simple as that. An AOS approval should ideally result in a 10-year green card, not sure if there are any exceptions to that rule.

It's not common for an AOS interview to be so late. How long after the wedding was the i130 filed?
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We filed almost a year after marriage, we were in no rush, life was pretty then.
 
SusieQQQ said:
You were on what status during that time? Was the expiry of a status the impetus for AOS?
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I went out of status after I overstayed my tourist visa for about 6 months but that was accounted for, and since that is pardoned under the AOS by marriage to a US citizen so that's not really a big deal in this case.
 
Waiting to file AOS a year after marriage, while out of status, raises very bright red flags.

This thread is a classic gaming the system; your primary concern is avoiding conditions. You're after a full green card, then divorcing the USC wife.

Issues affecting a marriage close to the second anniversary after marriage-based AOS isn't anything new. We've seen it all, USCIS has seen it too.
 
Ricard Robins said:
I went out of status after I overstayed my tourist visa for about 6 months but that was accounted for, and since that is pardoned under the AOS by marriage to a US citizen so that's not really a big deal in this case.
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Are you planning to apply for naturalization at some point? I gotta be honest, the optics on this don’t look good, even if you get past this initial step.
 
1AurCitizen said:
Waiting to file AOS a year after marriage, while out of status, raises very bright red flags.

This thread is a classic gaming the system; your primary concern is avoiding conditions. You're after a full green card, then divorcing the USC wife.

Issues affecting a marriage close to the second anniversary after marriage-based AOS isn't anything new. We've seen it all, USCIS has seen it too.
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No, it doesn't, it only speaks to the veracity of the marriage. And yes, my main point here is trying to do my best to avoid conditions legally, so what? That doen't make me a player (you are clearly not taking into account the part when I said I entered a real marriage, even after 5+ years of being in the SAME relationship with my wife) just well versed in basic immigration legal staff, and yet I have some doubts and thought to come to an immigration forum to clear things and share my experience to add value might be a good idea, but clearly people here is not more competent than I am in this stuff.
 
SusieQQQ said:
Are you planning to apply for naturalization at some point? I gotta be honest, the optics on this don’t look good, even if you get past this initial step.
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Of course, I'm planning on applying to naturalization. You are clearly not suited for this when you say such a thing even after I explained my case in detail. Did you read the part where I said we did GREAT in AOS interview? I know I can get the conditional GC for sure, I'd just want to get the permanent one right away and avoid any potential future drama with my lady since our relationship is in rocky territory right now and being honest I don't know if we'll even be together 2 years from now. My situation is not bad at all, and shit happens in life and in relationships, I just want to improve my chances of getting the permanent GC and be done with this matter until I apply for naturaliation.

To anyone reading this: If you want to reply and truly add some value to this thread and those reading it, please take the time to read the first post critically and really understand the situation I'm in right now, otherwise please don't.
 
Ricard Robins said:
Of course, I'm planning on applying to naturalization. You are clearly not suited for this when you say such a thing even after I explained my case in detail. Did you read the part where I said we did GREAT in AOS interview? I know I can get the conditional GC for sure, I'd just want to get the permanent one right away and avoid any potential future drama with my lady since our relationship is in rocky territory right now and being honest I don't know if we'll even be together 2 years from now. My situation is not bad at all, and shit happens in life and in relationships, I just want to improve my chances of getting the permanent GC and be done with this matter until I apply for naturaliation.

To anyone reading this: If you want to reply and truly add some value to this thread and those reading it, please take the time to read the first post critically and really understand the situation I'm in right now, otherwise please don't.
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Yes, I did read your first post. I’m continually amazed by how many marriages are perfect until the AOS or ROC interview and then suddenly the USC spouse turns irrational or abusive.
 
Stretches imagination why a beneficiary in a supposedly real relationship (out of status no less) would wait a year to file a petition, or purposefully wait till the last day of a deadline to respond to an RFE.

OP is not the first foreign spouse to cite abuse and a failing marriage close to ROC. Not a word about attempts to save a 'lovely' marriage. The initial post is primarily dedicated to steps that avoid ROC and improve chances of a 10-year green card.

@Ricard Robins which consular post/embassy was your b2 issued at?
 
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