Does AOS usually take long?

[Lights 56]

I've been reading some guidelines about the AOS process. When I do my POE, we're doing a court 'wedding' immediately. That way I can file AOS - AP and EAD right away. I know it'll take 90 days give or take to get all that done. I'll need to go for a biometrics and potentially another interview. But once it's ready to go, I can work and travel back to visit family.

In order to get your green card, that could take longer. I realize now that just because you're approved for EAD and AP, doesn't mean you have your GC along with it. I would then have to be scheduled in for another interview because I get my GC. If I get my interview within 2 years, I get a 2 year GC. If I get an interview scheduled outside of 2 years, then I will get a 10 year GC? But with either GC you can apply to ROC at 2 years(?).

If I do not get an interview within the first 2 years, I will have to apply for my EAD and AP each year. How much in advance should I do that? I'm just concerned that once I'm working that I won't have to take leave because my EAD needs to be renewed etc. How is the process of the interview for GC's? Why do some get it after 2 years while others get it within? Could it be when they file? But wouldn't most K1 applicants file within 90 days (when they get married)?

Thanks for all the help!

[didopage 337]

The decision on an AOS case takes less than a year. Very rarely, it takes a little more than a year and people have to renew their EAD/AP card.

As a K-1 holder, you may or may not have an AOS interview.

You are in a period of authorized stay for 90 days once your enter with the K-1. Filing for AOS puts you in another period of authorized stay until a decision is made in the case. If the 90 days are passed and AOS is not filed (generally because of financial issue), you have technically no status which is not ideal (can't work, ...). That is why it is best to file before those 90 days are up, which is your plan.

Because a decision on your AOS case will most likely take less than a year, you will get a 2-year conditional green card (granted when the marriage is less than 2 years at the time of the decision). You will have to file for removal of conditions (ROC) no more than 90 days before the expiration of your GC. You will then receive a 10-year GC.

Some people get a 10-year GC directly because:

- they either filed very late (and were out of status for a long time) and so, their marriage was more than 2 years old at the time of the decision on their case, or

- they got it after an IR-1 visa (spousal visa) because they were married for more than 2 years when they entered the US with their visa.

Edited April 24, 2014 by didopage

[KayDeeCee 4,891]

Your process timeline is a bit confusing.

Once you enter and marry, you can file for AOS, including the form for EAD and AP at the same time, once you receive your marriage certificate back from the court. You will do biometrics about a month or so after filing and it will take around 90 days to receive the EAD/AP after filing. You have about a 50/50 chance of having an interview when adjusting from a K-1. Your green card will either be approved without interview or you will be sent an interview letter. Times vary for how long it will take to get your green card approval. I am going to say 4-10 months on average, but it can take longer.

AOS guide > http://www.visajourney.com/content/k1k3aos

You will receive a 2 year conditional card and within 90 days of it expiring, you will need to file for removal of conditions(ROC)

Edited April 24, 2014 by Jay-Kay

[Lights 56]

The decision on an AOS case takes less than a year. Very rarely, it takes a little more than a year and people have to renew their EAD/AP card.

As a K-1 holder, you may or may not have an AOS interview.

You are in a period of authorized stay for 90 days once your enter with the K-1. Filing for AOS puts you in another period of authorized stay until a decision is made in the case. If the 90 days are passed and AOS is not filed (generally because of financial issue), you have technically no status which is not ideal (can't work, ...). That is why it is best to file before those 90 days are up, which is your plan.

Because a decision on your AOS case will most likely take less than a year, you will get a 2-year conditional green card (granted when the marriage is less than 2 years at the time of the decision). You will have to file for removal of conditions (ROC) no more than 90 days before the expiration of your GC. You will then receive a 10-year GC.

Some people get a 10-year GC directly because:

- they either filed very late (and were out of status for a long time) and so, their marriage was more than 2 years old at the time of the decision on their case, or

- they got it after an IR-1 visa (spousal visa) because they were married for more than 2 years when they entered the US with their visa.

Ah, so you mean those who do get married but end up not paying the fee's and filing AOS. We'll definitely get married and file immediately (well as fast as our marriage certificate gets sent to us ). When you say that they filed late, do you mean filing AOS late? So someone who was legally married January 2014 but didn't file AOS for a long time after (sometime in 2015). And they get their AOS approved 1 year later, a 10 year GC could get issued given that they were married for over 2 years.

So in my case, because I will be filing AOS within 90 days of my POE, I will likely get my GC within the first year. 90 days (or less) before my 2-year GC expires, I should file for ROC. This way, I can get naturalization and become a citizen?

Thanks for spelling it out for me. I got the K1 application down packed but now the other stage of authorization will begin!

Thank you

[didopage 337]

Yes, I meant "filing AOS late". You understood the rest well.

You will be eligible to file for citizenship after 3 years of permanent residency (so 3 years after your first GC approval), if you are still married to your US citizen . If not, it's 5 years.

[Harpa Timsah 13,258]

ROC is not naturalization.

And you won't have an interview to get EAD or AP approved. They will just be approved within 90 days of you filing for AOS.

[KayDeeCee 4,891]

So in my case, because I will be filing AOS within 90 days of my POE, I will likely get my GC within the first year. 90 days (or less) before my 2-year GC expires, I should file for ROC. This way, I can get naturalization and become a citizen?

ROC is removal of conditions. You file for ROC to remove the conditions of your 2 year conditional green card. When ROC is approved, you will receive a 10 year green card. ROC is not filing for citizenship.

Info on ROC > http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

VJ guide for filing ROC > http://www.visajourney.com/content/751guide

Info on naturalization > http://www.uscis.gov/us-citizenship/citizenship-through-naturalization

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens