ok got a big question about the lifting of conditions on your visa

[aishahossam 1]

ok heres my question everyone, we already applied for my husband to come here on the k3,,, and i was reading that when he gets here, god willing, that we have to remove the conditions off his visa befor our 2 year wedding anniversary, like apply for this 3 months befor our anniversary, wellll our anniversary is july 26.. this is october, if he gets here and its only 2 months befor our wedding anniversary, then they could actually deport him back cause we didnt file 3 months in advance, im not sure what to do about this, new to all this, does anyone have any insite

[john_and_marlene 162]

ok heres my question everyone, we already applied for my husband to come here on the k3,,, and i was reading that when he gets here, god willing, that we have to remove the conditions off his visa befor our 2 year wedding anniversary, like apply for this 3 months befor our anniversary, wellll our anniversary is july 26.. this is october, if he gets here and its only 2 months befor our wedding anniversary, then they could actually deport him back cause we didnt file 3 months in advance, im not sure what to do about this, new to all this, does anyone have any insite

There are no conditions to remove on the visa. Removal of conditions is for the permanent resident status. If you are married less than 2 years when the permanent resident status is approved, then you will have to file to have the conditions removed. The removal of conditions must be filed in the 90 days immediately preceding the expiration of the conditional resident status--not the wedding anniversary.

If you are married 2 years or more at the time of the permanent resident approval, you will not have any conditions on the permanent residence and will not have to file to remove conditions.

You do realize you need to file for adjustment of status before the K-3 expires?

[aishahossam 1]

we were planning on doing the aos as soon as he arrives here in usa, but when does k3 expire, i didnt mean to sound like an idiot, just been awake all night.

[john_and_marlene 162]

we were planning on doing the aos as soon as he arrives here in usa, but when does k3 expire, i didnt mean to sound like an idiot, just been awake all night.

K-3 is a 2 year multiple entry visa.

[ya fallaha! 0]

Don't do AOS right away unless you've been married two years or close to it when he arrives. The visa is good for two years like others have said. My husband came here on a K3 and we waited a year to file. He got his 10 year green card because we were married 2.5 years by then. That saved us time and money. Plus he was able to pay for AOS himself. And the best part...no lifting conditions...woot!

we were planning on doing the aos as soon as he arrives here in usa, but when does k3 expire, i didnt mean to sound like an idiot, just been awake all night.

Edited October 21, 2009 by ya fallaha!

[ya fallaha! 0]

Mods/organizers...maybe this should be moved to the K3 forum?

[Y's_habibitk 2]

Don't do AOS right away unless you've been married two years or close to it when he arrives. The visa is good for two years like others have said. My husband came here on a K3 and we waited a year to file. He got his 10 year green card because we were married 2.5 years by then. That saved us time and money. Plus he was able to pay for AOS himself. And the best part...no lifting conditions...woot!

we were planning on doing the aos as soon as he arrives here in usa, but when does k3 expire, i didnt mean to sound like an idiot, just been awake all night.

Yep, we're planning the same thing. You will have to file a stand alone EAD application as soon as he gets here, but he should have his card in around 3 months and then be able to work.

[ya fallaha! 0]

Oh definitely. I forgot to mention the EAD, thanks! Yeah the EAD is most important in the beginning. We filed that one within a couple weeks of my husband's arrival. It look like 3 months to be approved. That wait was difficult for both of us.

Don't do AOS right away unless you've been married two years or close to it when he arrives. The visa is good for two years like others have said. My husband came here on a K3 and we waited a year to file. He got his 10 year green card because we were married 2.5 years by then. That saved us time and money. Plus he was able to pay for AOS himself. And the best part...no lifting conditions...woot!

we were planning on doing the aos as soon as he arrives here in usa, but when does k3 expire, i didnt mean to sound like an idiot, just been awake all night.

Yep, we're planning the same thing. You will have to file a stand alone EAD application as soon as he gets here, but he should have his card in around 3 months and then be able to work.

[Krikit 1,166]

Moving from K-1 Process to K-3.

[pushbrk 13,543]

Don't do AOS right away unless you've been married two years or close to it when he arrives. The visa is good for two years like others have said. My husband came here on a K3 and we waited a year to file. He got his 10 year green card because we were married 2.5 years by then. That saved us time and money. Plus he was able to pay for AOS himself. And the best part...no lifting conditions...woot!

we were planning on doing the aos as soon as he arrives here in usa, but when does k3 expire, i didnt mean to sound like an idiot, just been awake all night.

Based on the OP's timeline, they married in July of 2008. As a result, they will be married for two years before permanent residence is granted and be awarded full permanent residency. No need to remove conditions because there won't be any. Also, no need to delay filing AOS or pay a stand-alone EAD fee. EAD is free when requested at the same time as AOS. No need to delay this case.

Frankly though, the simplest way for this couple to achieve a 10 year green card is to pursue the CR1 visa instead of the K3 and then delay entry to the USA until the day after their two-year wedding anniversary. That way the spouse enters as a permanent resident and is immediately work authorized.

[ya fallaha! 0]

Ah I didn't realize they've been married so long. But I stand by my advice for those who do decide to go the K3 route and haven't been married as long. If my husband and I had filed for AOS when he first arrived we may have had to do lifting of conditions later on, if AOS was approved prior to our 2 year anni. Paying the extra money for a seperate EAD was worth it for us in our situation.

BTW, I wouldn't advise anyone to go K3 but if they do...

[pushbrk 13,543]

Ah I didn't realize they've been married so long. But I stand by my advice for those who do decide to go the K3 route and haven't been married as long. If my husband and I had filed for AOS when he first arrived we may have had to do lifting of conditions later on, if AOS was approved prior to our 2 year anni. Paying the extra money for a seperate EAD was worth it for us in our situation.

BTW, I wouldn't advise anyone to go K3 but if they do...

We delayed filing AOS after K3 and K4 for exactly that reason but that was several years ago when K3 was still a good option. Back then, EAD was a separate request with a separate fee anyway but all the fees were much lower.

My wife and daughter completed AOS about seven weeks after our two-year anniversary but had EAD long before that.

[Dakine 26]

Don't do AOS right away unless you've been married two years or close to it when he arrives. The visa is good for two years like others have said. My husband came here on a K3 and we waited a year to file. He got his 10 year green card because we were married 2.5 years by then. That saved us time and money. Plus he was able to pay for AOS himself. And the best part...no lifting conditions...woot!

we were planning on doing the aos as soon as he arrives here in usa, but when does k3 expire, i didnt mean to sound like an idiot, just been awake all night.

Bad thing is if anything bad [Go bellyup] should happen to the petitioner before adjusting status beneficiary will stand a good chance of being deported.