AOS - is it necessary

[Messybrownhair 251]

So I have this friend whose wife is Chinese, and they have no plans for her to get naturalized. If she just does her ROC, and gets a 10-year GC, will she have any issues going back and forth to China in the future? They don't plan to live there, but let's say for visits? How long can a GC holder stay in their home country without fear of being denied re-entry to the US?

That's fine. Naturalization is optional. You have the choice to just keep renewing your permanent GC every 10 years. She can go back and forth as much as she wants, but she still needs to abide by the rules of the green card for it not to be revoked (spend more time in the US than out). This is my understanding of it, so someone correct me if I'm wrong

[JoBri 545]

I am curious as to what happens if a couple does not obtain an AOS?

Say she comes to the US and gets married within 90 days, but then does nothing to complete an AOS. Is she deportable, and if so, after how long?

Let's say she applies for an AOS... what exactly does it mean once conditions are lifted?

How does this differ from, or is it just a step in the process of, getting a green card?

This may be answered with the above, but in case it it not... AOS vs. no AOS... how will it affect her coming back to the US if she travels to the Philippines.

I ask these questions because there is a good chance that she will get here, get married, then I will retire and move to the PI in just over 2 years. Obviously, if she never tries to come back to the US, it's a non-issue. But will an AOS process take 2 years? I hear some can. And if we move to the PI in about 2 years, I am guessing she won't be able to get a greencard, based on time spent in the US?

Just curious, trying to see if it makes more sense to move to the PI in 2 years, or stick around in the US for more interviews and money spent buying the rights for her we take for granted daily.

Thanks!

Well... if you dont do the AOS then you can count on saying "bye bye" to your wife, because her visa will be terminated and she will be deported. If no AOS they are to begin deportation procedings. She would be here in violation of immigration law in the mean time. The k1 (or in our case the K3 visa) has an expiration date...I forget how long now and too lazy to go look it up, hehe. But once you do the adjustment of status, you have 2 years (and no longer than 2 years) to apply for the Lifting of Conditions. If you dont take care of that in time (and they wont remind you of it) then they initiate deportation procedings too. And not only must THAT be taken care of within 2 years, but you cant apply for the lifting of conditions any EARLIER than 90 days prior to the expiration date, otherwise it will be rejected.

Brian in Tennessee

[JoBri 545]

In your case you might just be better getting you girl over her and getting married and not worry spending all the extra money and hassle of AOS paperwork since you will be going back to PI in a couple of years.

Hmmm... Our son has dual citizenship. What makes him special?

[JoBri 545]

For AOS you will not have to do anymore interviews (As a general Rule), Just payments and paperworks.

After you get married you send in her AOS and she will get a Conditional 2 year GreenCard.

Then 90 days window before her 2 year Conditional GreenCard Expires, you do AOS again and get a 10 year greencard.

As far as getting her a US passport she will have to become a US Citizen and that takes her being in the USA for 3 years on marriage visa.

US will not recoginize Dual Citizenship for her.

Wheter she needs to become a US Citizen is up to you, She looses some rights in PI if she becomes a US Citizen. But she also gains some rights if she becomes US Citizen. She can apply in PI for dual Citizenship, but US won't recoginze it.......

Great plan to retire in Philippines......

WE had to do an AOS interview. I think many (if not MOST) have. But I have read that for ROC an interview is often not required.

[JoBri 545]

US will not recoginize Dual Citizenship for her.

She can apply in PI for dual Citizenship, but US won't recoginze it.......

I believe you are mis-informed. Permit me to refer you to the following US State Department web site. http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

Now, if a US CITIZEN chooses to aquire citizenship in another country, VOLUNTARILY doing so, then yes, that same US citizen could possibly have his US citizenship revoked. Correct me via the reference if I am wrong.

Brian in Tennessee

[I AM NOT THAT GUY 5,715]

Well... if you dont do the AOS then you can count on saying "bye bye" to your wife, because her visa will be terminated and she will be deported. If no AOS they are to begin deportation procedings. She would be here in violation of immigration law in the mean time. The k1 (or in our case the K3 visa) has an expiration date...I forget how long now and too lazy to go look it up, hehe.

Brian in Tennessee

Wrong, wrong, wrong. The K-1 is a one use visa, and is no longer valid once you reach the POE. There is no time limit for AOS. There will be no deportation. You maybe detained, but will eventually be released with the admonition to, "Apply for AOS as soon as possible". If she married the petitioner within the 90 days after arriving at the POE, she meets the requirements of the visa, and cannot be deported. If she marries after the 90 days (or marries someone else), then the process becomes more complicated. If she never marries, she can be removed from the country, but even that is not guaranteed, and there are legal ways to even avoid that.

[tallcoolone 102]

Now, if a US CITIZEN chooses to aquire citizenship in another country, VOLUNTARILY doing so, then yes, that same US citizen could possibly have his US citizenship revoked. Correct me via the reference if I am wrong.

That is what I am talking about someone who becomes a US Citizen from Philippines, the US will not recognize they are dual citizen even if they apply in PI for dual citizenship

[tallcoolone 102]

Wrong, wrong, wrong. The K-1 is a one use visa, and is no longer valid once you reach the POE. There is no time limit for AOS. There will be no deportation. You maybe detained, but will eventually be released with the admonition to, "Apply for AOS as soon as possible". If she married the petitioner within the 90 days after arriving at the POE, she meets the requirements of the visa, and cannot be deported. If she marries after the 90 days (or marries someone else), then the process becomes more complicated. If she never marries, she can be removed from the country, but even that is not guaranteed, and there are legal ways to even avoid that.

Agreed.............

[Matt & Bing 56]

FYI, we also had an AOS interview ...

Hoping we won't for ROC as we have a beautiful daughter now.

[Tahoma 2,291]

Uhhh...we had an AOS interview too.

As a matter of fact, I asked our local USCIS office about AOS interviews. They said that everyone in this jurisdiction is required to have one.

I have no idea what having kids has to do with it, but we don't have any kids.

[TiklingGuy 211]

My fiancé has me so excited about trying Taco Bueno this Sunday when I arrive in Oklahoma.

[DavenRoxy 1,073]

That is what I am talking about someone who becomes a US Citizen from Philippines, the US will not recognize they are dual citizen even if they apply in PI for dual citizenship

That is incorrect. Someone who naturalizes here by virtue of marriage can be a dual citizen, and the US does recognize that.

Now, if I go for PI citizenship, I may have to give up my US citizenship, according to their website. But I see no need to become a PI citizen, just get (whatever it is called) for marrying one of their citizens and living over there for retirement.

[Tahoma 2,291]

That is incorrect. Someone who naturalizes here by virtue of marriage can be a dual citizen, and the US does recognize that.

Now, if I go for PI citizenship, I may have to give up my US citizenship, according to their website. But I see no need to become a PI citizen, just get (whatever it is called) for marrying one of their citizens and living over there for retirement.

Dave...Thanks for correcting the professional troll's usual misinformation.

By the way...When you retire to the Philippines, I believe you are referring to a 13a.

[~happyndinlove~ 540]

My fiancé has me so excited about trying Taco Bueno this Sunday when I arrive in Oklahoma.

Welcome to Oklahoma!

[DavenRoxy 1,073]

Dave...Thanks for correcting the professional troll's usual misinformation.

By the way...When you retire to the Philippines, I believe you are referring to a 13a.

Yeah, 13a, that's it! Thanks Tahoma!