green card without condition

[tryhy1 0]

Getting in US with K1 then apply immediately for adjustment of status.. what if dont want to get green card with condition and wait until 2 years of marriage then get directly green card without conditions..

in how many ways this is possible?

[alex and astrid 38]

Getting in US with K1 then apply immediately for adjustment of status.. what if dont want to get green card with condition and wait until 2 years of marriage then get directly green card without conditions..

in how many ways this is possible?

The only way to do this is to not file for adjustment of status until after you have been married for two years. But this means she doesn't have any status for two years. She would have to pay for an EAD to be able to work, and would have to renew it every year. She cannot leave the country, as she is not eligible for AP. If she leaves the country, it means you will need to apply for a CR1 visa to get her back in. And, if she has to leave the country and has accrued overstay, it's a ban. So all in all, not the smartest idea. The negatives of waiting the two years far outweigh the positives of applying for AOS as soon as you can.

Why would you not want conditional residency?

[Danu 19]

1 - waiting till 2 years have passed to do anything. Now the side to this is that a) you will be out of status that whole time, accruing time out of status that could put you in a hard spot if you should ever have a run in with the law b) you can't work or leave the country. You can't just skip to the non-conditional if you are applying for AoS right when you come into the country, you either have to not apply for 2 years or take the conditional one. Is there a reason you don't want it?

The only way to do this is to not file for adjustment of status until after you have been married for two years. But this means she doesn't have any status for two years. She would have to pay for an EAD to be able to work, and would have to renew it every year. She cannot leave the country, as she is not eligible for AP. If she leaves the country, it means you will need to apply for a CR1 visa to get her back in. And, if she has to leave the country and has accrued overstay, it's a ban. So all in all, not the smartest idea. The negatives of waiting the two years far outweigh the positives of applying for AOS as soon as you can.

Why would you not want conditional residency?

She can't even apply for EAD every year cuz she would have no status, the EAD's they give to K1's are only good till the end of your I-94, wouldn't be able to get one again after that until AOS.

Edited April 23, 2010 by Danu

[Otto 83]

in how many ways this is possible?

I suppose if you (once married) wait almost 2 years to file your AOS - if it is then granted, you may (if by that time you've been married 2 years or more) be granted a 10-year PR/Green Card. In the mean time - you'll have no privileges a Permanent Resident would otherwise enjoy (work, travel, study, etc).

Edited April 23, 2010 by Otto und Karin

[Brother Hesekiel 2,236]

Otto and Karin said it best.

Theoretically, you can get married within the allowed 90 days, then wait two years until you file for AOS. If you don't need to work and don't want to travel back to your old country, it will work and you are not doing anything illegal. You'll save $545 and a lot of headache. Then again . . . work only 2 weeks during those 2 years and you have earned the money for the ROC.

One more reason not to do this: if your marriage fails during these 2 years, you're on your way home for good.

[alex and astrid 38]

1 - waiting till 2 years have passed to do anything. Now the side to this is that a) you will be out of status that whole time, accruing time out of status that could put you in a hard spot if you should ever have a run in with the law b) you can't work or leave the country. You can't just skip to the non-conditional if you are applying for AoS right when you come into the country, you either have to not apply for 2 years or take the conditional one. Is there a reason you don't want it?

She can't even apply for EAD every year cuz she would have no status, the EAD's they give to K1's are only good till the end of your I-94, wouldn't be able to get one again after that until AOS.

You are right about the EAD. Thanks for correcting me!