Out of status

[hfma92]

Hi, I'm just wondering does being out of status contribute in prolonging the whole AOS process?

[UScitizenFilingforspouse]

Hi, I'm just wondering does being out of status contribute in prolonging the whole AOS process?

I would say that there are other factors:
For example: having a common name/last name combination will likely delay the background checks. Most people think it's just one check. No, there's interpol, FBI, CIA (will not delay matters unless there is an underlying concern). If your name combination is something like these combinations, your background check will get a zillion hits which have to be resolved manually. (You're past that point, though. You already have EAD/AP and are just waiting for interview)
This is from 2017.
Robert Smith: 34,269.
Maria Garcia: 32,092.
David Smith: 31,294.
Maria Rodriguez: 30,507.
Mary Smith: 28,692.
Maria Hernandez: 27,836.
Maria Martinez: 26,956.
James Johnson: 26,850.

If your case is stuck on "ready to be scheduled for interview" that means you're at the door of the queue and not quite inside the room/queue, where appointment slots are assigned. My take on your prolonged wait is the backlog at your field office. Your field office reports that for for Family-based adjustment applications:

50% of cases take 10.5 Months process and
93% of the cases up to 25.5 Months.

Your field office: July 1st, 2017 - September 30th, 2017
Received 1,479 Approved 1,353 Denied 153 Pending 5,448

Here is my source. https://www.uscis.gov/sites/default/...y2017_qtr4.pdf

For the sake of comparison and for you to see why I would spend any time digging out that information, if you go to the table on that link, check out Cleveland, OH. July 1st, 2017 - September 30th, 2017
Received 402 Approved 461 Denied 44 Pending 836

It's no surprise the Cleveland, OH field office reports
50% take 4 Months to
93% take 11.5 Months

You could also look at how they prioritize employment based applications
Cleveland, OH; 50% - 11.5 Months; 93% - 23 Months.
San Fernando V, CA 50% - 11.5 Months; 93% - 23 Months

Now, that table does not disclose how many employment based petitions they get. San Fernando Valley, CA seems to have about the same processing time for both, family-based and employment-based AOS cases.

The new processing time format is new and it takes a bit to wrap your head around it. Some might say the times listed are made up. They're not. It's all there. Will some cases take less than 50% of the cases? YES, OF COURSE.
- No RFEs, error free AOS package
- unique name, middle name, last name combination.
- No criminal record. No removal proceedings.
- One marriage for both spouses.
- Front-loading plenty of evidence of bona fide marriage - if you send the bare minimum, that often times triggers fraud alerts and investigations start and they're ready to ambush you at the interview.

That's my humble two cents. Are signed up for both USCIS accounts for updates?
https://egov.uscis.gov/casestatus/ (this one lets you see the last time your case was updated. Literally, the last time it was "touched".)
https://my.uscis.gov/account/ (This one is more useful to track card production/card has been mailed - as reported by other members on this forum. We are not at this stage, yet.)

Hope this helps. All the best.

[gunit123]

Hi, I'm just wondering does being out of status contribute in prolonging the whole AOS process?

nope. i was out of status, no issues. got my gc in 6 months.

[Camicookie14]

@UScitizenFilingforspouse nice on that for checking.

[UScitizenFilingforspouse]

@UScitizenFilingforspouse nice on that for checking.

You're welcome! Glad to be of assistance.

[S_R_E]

I was out of status for many years and had a previous marriage that I had started the AOS process with. We had our initial interview and I received an I-551 stamp in my passport but we separated and divorced before two years. I was never aware you could file for removal of conditions if you were no longer married. Anyway fast forward to January last year and we filed AOS again, completing all the paperwork ourselves. We didn't receive any RFE's and got our interview (Los Angeles field office) scheduled in just about 3 1/2 months (the day after receiving EAD approval). We received approval the day after our interview and received my 10 year green card in hand 1 day prior to the 5 month mark for our application (applied 1/17 - received green card in hand 6/16).

There are so many factors that enter into this process, we can all speculate as to what does and does not affect the processing time with the exceptions of RFE's of course. Always be 100% truthful during the process, check and double check your paperwork before submitting for errors and to make sure you have the latest versions of all forms. Make sure you submit the correct fees. Include copies of all pertinent information requested as part of your application (we used color copies where appropriate for passport pages / birth certificates etc...).

If you have not yet filed your AOS package, I would strongly recommend you make copies of everything you submit and basically keep a duplicate submission package for your records.

[UScitizenFilingforspouse]

I was out of status for many years and had a previous marriage that I had started the AOS process with. We had our initial interview and I received an I-551 stamp in my passport but we separated and divorced before two years. I was never aware you could file for removal of conditions if you were no longer married. Anyway fast forward to January last year and we filed AOS again, completing all the paperwork ourselves. We didn't receive any RFE's and got our interview (Los Angeles field office) scheduled in just about 3 1/2 months (the day after receiving EAD approval). We received approval the day after our interview and received my 10 year green card in hand 1 day prior to the 5 month mark for our application (applied 1/17 - received green card in hand 6/16).

There are so many factors that enter into this process, we can all speculate as to what does and does not affect the processing time with the exceptions of RFE's of course. Always be 100% truthful during the process, check and double check your paperwork before submitting for errors and to make sure you have the latest versions of all forms. Make sure you submit the correct fees. Include copies of all pertinent information requested as part of your application (we used color copies where appropriate for passport pages / birth certificates etc...).

If you have not yet filed your AOS package, I would strongly recommend you make copies of everything you submit and basically keep a duplicate submission package for your records.

Right on! Great advice. We used color copies for everything. We figured the adjudicator would be bored looking through such a large black & white package. It also looks more legit. Personal preference, I guess.