Married over 3 years K3 filing AOS

[Dr. A ♥ O 203]

We are a K3 filing AOS. Our K3 case took 2 years and 8 months because we were delayed at the Embassy level for my Husband's compulsory military service in Egypt. By the time we got the K3 visa to come here my Husband and I had been married for over 3 years. We could have switched to the CR-1/IR-1 while waiting but I didn't have the money at the time. However, I did fill out the I-864 with co-sponsor (Mom) instead of the I-134 for the packet 3 and sent to the Embassy by mistake. I had read something wrong and thought they needed that instead at the Embassy interview but they accepted the packet. I thought maybe they saw we're married over the 2 year marriage requirement and they may issue the CR-1/IR-1 instead of the K3. We got the K3 visa however in spite of them accepting the I-864 completed and notarized.

Since we're filing AOS soon I'm looking for clarification if anyone knows on what to do in our situation. I've read that since we've been married for over 3 years we meet the 2 year marriage requirement for the 10 year green card.

Is this a fact?

Since the Embassy didn't make note of it at the interview and my Husband didn't mention it in the interview do we need to include some formal explanation about this in our AOS package requesting the 10 year green card instead of the 2 year conditional or shall we assume again the person reviewing our case would notice this?

Is there some wavier, or paperwork that I don't know about, that we have to fill out and include with our AOS packet for the 10 year green card?

If we qualify for the 10 year green card does this mean we don't have to file Removal of Conditions (ROC)?

I've read in some cases if you've been married over 2 years you can request your 10 year green card at POE and receive it. However, I can't recall what visa those who received that at POE had filed for, nor find those threads again.

Is this something my Husband can request at POE as well or do we have to still file AOS?

I think I already know the answers to my questions but I want to double check myself to cover all my bases. Thank you for any information in advance.

Edited April 4, 2010 by Cleocatra

[Dr. A ♥ O 203]

Good Monday Morning Everyone! Anyone able to help here?

bump.

[Nik+Heather 122]

As far as I know there is nothing different which you will do to get a 10 year over a 2 year green card. They will look at your marriage date and go from there.

Make a cover letter highlighting the dates if that makes you feel more comfortable.

Edited April 5, 2010 by Nik+Heather

[Dr. A ♥ O 203]

Great idea! Thank you Nik+Heather.

[Dakine 26]

Great idea! Thank you Nik+Heather.

Be sure the IO at your POE is aware how long you've been married.

[Dr. A ♥ O 203]

Be sure the IO at your POE is aware how long you've been married.

Thanks Dakine. He's at the airport now waiting to board the plane. I passed on the message for him to tell the immigration officer at point of entry how long we've been married and that he qualifies for the 10 year green card or IR-1. They've got the I-864 already so we might as well see what they say or do then.

Edited April 6, 2010 by Cleocatra

[Dr. A ♥ O 203]

He landed in JFK for his POE. He said it went really smooth. He told them we had been married for 3 years and qualified for the 10 year green card. The immigration officer told him that it didn't matter to him but if I was there with him it would make a difference because he could do something about it. I don't really know what that means. He said the whole thing lasted 5 minutes.