AOS after 2 years

[beppo 8]

Hello all. Hoping to get some feedback on this issue.

I came over from the UK on a K1 visa, Dec 2008. I married within the 90 period, but I am now only doing the AOS (due to financial reasons)

I hope to get all the documents sent off by next week. Does anyone know if I will have any problems or issues with this? I have heard some people say you have to AOS within 90 days of arriving, and others say you can file after 90 days.

Does anyone know what problems may come, so I can be prepared?

Thanks

[Barbara J 115]

Hello all. Hoping to get some feedback on this issue.

I came over from the UK on a K1 visa, Dec 2008. I married within the 90 period, but I am now only doing the AOS (due to financial reasons)

I hope to get all the documents sent off by next week. Does anyone know if I will have any problems or issues with this? I have heard some people say you have to AOS within 90 days of arriving, and others say you can file after 90 days.

Does anyone know what problems may come, so I can be prepared?

Thanks

No you wont have any problems, they say it is advised to AOS soon after marriage and before I-94 expires but some just can't so don't worry it will all be fine.

[JimVaPhuong 4,863]

Hello all. Hoping to get some feedback on this issue.

I came over from the UK on a K1 visa, Dec 2008. I married within the 90 period, but I am now only doing the AOS (due to financial reasons)

I hope to get all the documents sent off by next week. Does anyone know if I will have any problems or issues with this? I have heard some people say you have to AOS within 90 days of arriving, and others say you can file after 90 days.

Does anyone know what problems may come, so I can be prepared?

Thanks

The only problem you might have is that USCIS might require an I-130 petition, filled out and signed by the US citizen, along with the appropriate fee. This has to do with a conflict between two sections of the immigration law. One section says a K1 can only adjust to conditional permanent resident, and another says that someone married to a US citizen for two or more years must adjust to unconditional permanent resident. If USCIS determines that the latter requirement applies to you then they won't adjust your status based on the K1, but will adjust it based on an approved I-130 instead.

You could go ahead and send the AOS package with the forms prepared based on a K1 adjustment of status. There's a risk that USCIS would deny the petition if they conclude that you're no longer eligible to adjust based on the K1 because of the conflicting immigration law. You'd have to refile with the I-130, and pay all of the fees a second time. There's little risk it would be denied if you sent an I-130 with the AOS package, and adjusted based on the I-130. The only risk is that you'd be paying for an I-130 petition that might not have been needed.

If it were me, I'd send the I-130. It costs a bit more up front, but you wouldn't be risking flushing the $1070 and having to file again.

[SisJ 13]

There's no time limit to file AOS, though it is advisable to file ASAP if you can. The good thing about filing 2yrs after marraige is that you get a 10yr GC instead of 2yr, so no ROC. You may have to file I-130 with the AOS package, but i'm not sure. Someone else will clearify whether it's true or not. Good Luck!

[raymaga 25]

Good luck with the process!!! Hope it goes smoothly for you!!!

[Darnell 8,478]

My 2 cents -

take a look at the instructions in the I-130 - specifically the 6 types of bonafide relationship proof -

and make sure you include that stuff IN yer I-485 initial filing.

also be prepared to hand over an I-130 with fees, IF TOLD TO DO SO (face to face) by any USCIS hu-man

[beppo 8]

Thanks for the reply's and support, I appreciate it. I will be 2 years married on March 7th this year. So is it better to go the I-130 route or the other?

[HeatDeath 430]

My 2 cents -

take a look at the instructions in the I-130 - specifically the 6 types of bonafide relationship proof -

and make sure you include that stuff IN yer I-485 initial filing.

also be prepared to hand over an I-130 with fees, IF TOLD TO DO SO (face to face) by any USCIS hu-man

Excellent idea! This way they've got all the evidence they could possibly need, but you only pay if you have to.

[Brother Hesekiel 2,235]

Thanks for the reply's and support, I appreciate it. I will be 2 years married on March 7th this year. So is it better to go the I-130 route or the other?

Beppo,

JimVaPhuong answered this as perfectly as humanly possible. If you will be married for 2 years by March 7, I suggest to hold back with filing until then. You file with the I-130, yet save big money and headaches by not having to file for Removal of Conditions 2 years later as you'll be rewarded with an unconditional 10-year Green Card, instead of an conditional, 2-year Green Card.

[beppo 8]

Beppo,

JimVaPhuong answered this as perfectly as humanly possible. If you will be married for 2 years by March 7, I suggest to hold back with filing until then. You file with the I-130, yet save big money and headaches by not having to file for Removal of Conditions 2 years later as you'll be rewarded with an unconditional 10-year Green Card, instead of an conditional, 2-year Green Card.

Thanks. Thats why I asked if 1-130 was the best option, as I wasn't 2 years married yet. Was just double making sure.

Better to be safe than sorry.

[YuAndDan 153]

Sounds like Deja Vous, of a thread from last week: http://www.visajourney.com/forums/topic/290265-will-my-aos-be-denied/

[beppo 8]

Sounds like Deja Vous, of a thread from last week: http://www.visajourney.com/forums/topic/290265-will-my-aos-be-denied/

I looked at the link. Thanks for that YuAndDan.

[SisJ 13]

Thanks. Thats why I asked if 1-130 was the best option, as I wasn't 2 years married yet. Was just double making sure.

Better to be safe than sorry.

You would file I-130, I-485, I-765, and whatever needed supplemental docs that go along with.

[YuAndDan 153]

You would file I-130, I-485, I-765, and whatever needed supplemental docs that go along with.

Yes this may be a good idea, in prior thread I referred to, there was talk about K-1 AOS, at two years of marriage, getting a 2 years conditional card, because this is what a K-1 AOS gets.

Filing with an I-130 and basing it off the I-130 instead of K1, more than likely would get a 10 year card, if approved after 2 years of marriage.

[inloveVEN 46]

as far as i understand, there is not problem.

you will start your AOS, not based on your k-1 visa but based on your marriage to an USC.

Edited January 17, 2011 by inloveVEN