AOS for K3 visa

[SKluvSH 0]

I am applying K3 visa for my wife and still contemplating which route we go CR1 or K3 depending on the ease of process for K3 to adjust status. Well at this point I am wondering that if at the time she gets here and I apply for AOS and we still didnt complete 2 year marriage annivarsary, in this scenerio if she gets green card before 2 year annivarsary it will be a CR1 or 2 year green card. But from processing dates it looks like usually it takes about 2 years to have AOS completed. In this scenerio although we applied before 2 year annivarsary but AOS is completed after 2 year annivarsary, do we get 10 year green card?

I hope this is true so that we dont have to do the removing the conditions petition. Please let me know.

[pushbrk 12,113]

I am applying K3 visa for my wife and still contemplating which route we go CR1 or K3 depending on the ease of process for K3 to adjust status. Well at this point I am wondering that if at the time she gets here and I apply for AOS and we still didnt complete 2 year marriage annivarsary, in this scenerio if she gets green card before 2 year annivarsary it will be a CR1 or 2 year green card. But from processing dates it looks like usually it takes about 2 years to have AOS completed. In this scenerio although we applied before 2 year annivarsary but AOS is completed after 2 year annivarsary, do we get 10 year green card?

I hope this is true so that we dont have to do the removing the conditions petition. Please let me know.

You are petitioning, not applying. AOS timelines are running such that the vast majority are completed in the three to five month range, so either way, you're probably looking at a conditional LPR status unless do a K3 then delay the AOS filing.

Edited September 12, 2008 by pushbrk

[Reba 2]

You can delay filing for AOS until such time that you would be past your 2nd anniversary when your interview rolls around. As a K3 you can apply separately for EAD, so she will still be able to work for the year or so before you apply for AOS.