Adjustment of status

[njaxfl 0]

I've been here in the US almost a week now with my 2 children,we came in here as K3 and K4 visas,And this Feb 2009 we will be 2 years married,is it a smart thing to do if we filed our AOS after our 2yrs wedding anniversary so we could get permanent residence rather than temporary or conditional status?Pls advice if i'm right or no...Thanks

Edited October 14, 2008 by wemissedbigdaddy

[rin and john 71]

I've been here in the US almost a week now with my 2 children,we came in here as K3 and K4 visas,And this Feb 2009 we will be 2 years married,is it a smart thing to do if we filed our AOS after our 2yrs wedding anniversary so we could get permanent residence rather than temporary or conditional status?Pls advice if i'm right or no...Thanks

That is exactly what we did. We filed AOS this summer after Rin had been here over a year. The only benefit I could see of filing earlier (with K3/K4) is for the EAD and shorter timeline to citizenship (can file for citizenship 3 years after GC).

Our second anniversary was last week and the AOS interview is 11/20, so Rin and her children should get 10 yr GCs. That will avoid removal of conditions as the next step will be citizenship.

We actually filed in June. It was earlier than I had planned (original plan was September as I felt that even if they received GC's without interview it would have been after our anniversary). But we needed the EAD to get SSN's. By having SSN's for everyone we were able to qualify for the tax rebate (in our case $2,100). Without the SSN's the tax rebate would have been lost.

If you are not in need of the EAD or SSN, then waiting will save you the time and cost of lifting conditions.

John

[ManuFred 10]

I've been here in the US almost a week now with my 2 children,we came in here as K3 and K4 visas,And this Feb 2009 we will be 2 years married,is it a smart thing to do if we filed our AOS after our 2yrs wedding anniversary so we could get permanent residence rather than temporary or conditional status?Pls advice if i'm right or no...Thanks

That is exactly what we did. We filed AOS this summer after Rin had been here over a year. The only benefit I could see of filing earlier (with K3/K4) is for the EAD and shorter timeline to citizenship (can file for citizenship 3 years after GC).

Our second anniversary was last week and the AOS interview is 11/20, so Rin and her children should get 10 yr GCs. That will avoid removal of conditions as the next step will be citizenship.

We actually filed in June. It was earlier than I had planned (original plan was September as I felt that even if they received GC's without interview it would have been after our anniversary). But we needed the EAD to get SSN's. By having SSN's for everyone we were able to qualify for the tax rebate (in our case $2,100). Without the SSN's the tax rebate would have been lost.

If you are not in need of the EAD or SSN, then waiting will save you the time and cost of lifting conditions.

John

Okay, that is true but is it such a hassle to file for I-751 then. Another thing you should consider is US citizenship. If you would like to have that then you should file for AOS asap as one requirement is that you're a perminant resident for 3 years.

[Eric-Pris 1,609]

I've been here in the US almost a week now with my 2 children,we came in here as K3 and K4 visas,And this Feb 2009 we will be 2 years married,is it a smart thing to do if we filed our AOS after our 2yrs wedding anniversary so we could get permanent residence rather than temporary or conditional status?Pls advice if i'm right or no...Thanks

You probably want to apply for AOS about 4-5 months before your 2 yr anniversary to assure that the interview is after you complete 2 years.

[njaxfl 0]

I've been here in the US almost a week now with my 2 children,we came in here as K3 and K4 visas,And this Feb 2009 we will be 2 years married,is it a smart thing to do if we filed our AOS after our 2yrs wedding anniversary so we could get permanent residence rather than temporary or conditional status?Pls advice if i'm right or no...Thanks

That is exactly what we did. We filed AOS this summer after Rin had been here over a year. The only benefit I could see of filing earlier (with K3/K4) is for the EAD and shorter timeline to citizenship (can file for citizenship 3 years after GC).

Our second anniversary was last week and the AOS interview is 11/20, so Rin and her children should get 10 yr GCs. That will avoid removal of conditions as the next step will be citizenship.

We actually filed in June. It was earlier than I had planned (original plan was September as I felt that even if they received GC's without interview it would have been after our anniversary). But we needed the EAD to get SSN's. By having SSN's for everyone we were able to qualify for the tax rebate (in our case $2,100). Without the SSN's the tax rebate would have been lost.

If you are not in need of the EAD or SSN, then waiting will save you the time and cost of lifting conditions.

John

Thanks for the info John,How many children does your wife has?are you saying that the fee for AOS is ($2,100) for each applicant?My I-130 and my 2 kids were already approved together with the I-129F,so i think we're good to go on that one.

I've been here in the US almost a week now with my 2 children,we came in here as K3 and K4 visas,And this Feb 2009 we will be 2 years married,is it a smart thing to do if we filed our AOS after our 2yrs wedding anniversary so we could get permanent residence rather than temporary or conditional status?Pls advice if i'm right or no...Thanks

You probably want to apply for AOS about 4-5 months before your 2 yr anniversary to assure that the interview is after you complete 2 years.

Hi Kid,how long does it take to get approval for permanent residence?

I've been here in the US almost a week now with my 2 children,we came in here as K3 and K4 visas,And this Feb 2009 we will be 2 years married,is it a smart thing to do if we filed our AOS after our 2yrs wedding anniversary so we could get permanent residence rather than temporary or conditional status?Pls advice if i'm right or no...Thanks

That is exactly what we did. We filed AOS this summer after Rin had been here over a year. The only benefit I could see of filing earlier (with K3/K4) is for the EAD and shorter timeline to citizenship (can file for citizenship 3 years after GC).

Our second anniversary was last week and the AOS interview is 11/20, so Rin and her children should get 10 yr GCs. That will avoid removal of conditions as the next step will be citizenship.

We actually filed in June. It was earlier than I had planned (original plan was September as I felt that even if they received GC's without interview it would have been after our anniversary). But we needed the EAD to get SSN's. By having SSN's for everyone we were able to qualify for the tax rebate (in our case $2,100). Without the SSN's the tax rebate would have been lost.

If you are not in need of the EAD or SSN, then waiting will save you the time and cost of lifting conditions.

John

Okay, that is true but is it such a hassle to file for I-751 then. Another thing you should consider is US citizenship. If you would like to have that then you should file for AOS asap as one requirement is that you're a perminant resident for 3 years.

Hi,i'm not too concern about getting my USC at least for couple more years..it'll come in proper time.For now,i'm concern about AOS.But hey,i would love to get USC one day!!!

[rin and john 71]

WMBD - The $2,100 is how much our tax rebate was this year, but social security numbers are required to get it. By filing in June, Rin and the children (three children) received their EADs in August and SSNs in September. I had filed a tax extension, so filed my 2007 taxes after they had their SSN's. If I would have filed earlier in the year, we would have not received the tax rebate.

AOS costs $1,010 for you. Each child (under the age of 14) is $600. If your children have not had a I-130 filed for them, then you will need to file it at the same time as the I-485. That will be another $355 per child. Since it seems your children already have I-130s approved, your cost will be $1,010 for you and $600 each for them (assuming they are under 14 years old). Total cost of $2,210. You will need to write a separate check for each application.

Best of luck!

John

p.s. Approval for AOS can be as short as two months or over a year. About 20 to 30% of cases are now transferred to CSC from Chicago and almost all of them are approved without interview. Typically within 2 to 4 months. Those sent to local offices and requiring interview tend to be 5 to 7 months from submission to interview (ours will be five months). Sending it in December should be OK for making sure you do not have approval before your 2nd anniversary.