AOS After Two Years Of Marriage Out of Status

[Richard-Y-Abigail 18]

Here we go again. Forgive me. It seems the more I know, the less I know.

We have not filed for our temporary, two-year conditional green cards, and we just passed our two-year wedding anniversary. If, and I do understand, IF we somehow do not need to go through the two-year conditional phase because we have been married two years at the time of application, is it advisable to include the fees necessary to remove conditions at the same time that we pay the original fees of $1,070? The fee to remove conditions are: $505 plus $85 biometric fee. In other words, do we send in $1,660. Two application in one.

What I am thinking is to just apply for the two-year conditional residency permit, and let the chips fall where they may. It seems like an awful lot of money. This has already cost us more money having waited for so long. When others have bypassed the two-year conditional green card process, and received their ten-year green card, did you include both fees for the two and ten year green cards? What forms did you use?

One other question. To receive a Consular Birth Abroad Certificate for our Mexican born son, can the three of us do it state side? Can we take our DNA tests here in the United States without returning to Mexico? We were not married at the time of his birth.

[Harpa Timsah 13,258]

No, you do not file AOS and ROC at the same time. Ever. Erase that idea from your brain.

You should file concurrent I-130/I-485 and get your 10 year GC. It is $420 + $1070, plus a new medical. It sounds like you entered on K-1 and have been given advice to add the I-130 as well, to make sure a 10-year GC is issued and not a 2-year one. That is sound advice, and you will avoid the $590 for ROC altogether. It's $170 cheaper in the long run.

[Richard-Y-Abigail 18]

Yep. You are right. We entered on a K-1.

[Anh map 2,098]

Your profile says F1. How did the alien spouse enter the US?

It sounds like you need to adjust status for your spouse who is residing with you here in the US. If so, follow this guide >>> http://www.visajourney.com/content/i130guide2

Assuming that your child is here in the US residing with you follow the info on this page from the USCIS website >>> http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD

[Anh map 2,098]

Yep. You are right. We entered on a K-1.

You have no conditions to remove. You are applying for an adjustment of status based on your spouse's legal entry. Your spouse's overstay will be forgiven.

Until the adjustment is granted DO NOT have your spouse leave the US. A ban to reentry will be triggered if she leaves.

[Richard-Y-Abigail 18]

I will need to change our profile. It is a mistake. I will look into the sites that you suggest. It was a long time ago, but it seems to me that the US government has steps to take when each person is all ready here in the United States. As for us all being here, we started out rough, argued alot, and are just now settling into our marriage. It has been rough on my wife not being able to work, and not having her green card.

[Anh map 2,098]

I will need to change our profile. It is a mistake. I will look into the sites that you suggest. It was a long time ago, but it seems to me that the US government has steps to take when each person is all ready here in the United States. As for us all being here, we started out rough, argued alot, and are just now settling into our marriage. It has been rough on my wife not being able to work, and not having her green card.

Correct. Those links will give you the info about adjusting status for your spouse and obtaining US citizenship for your child while both spouse and child are here in the US.

[Richard-Y-Abigail 18]

I looked at the link for obtaining citizenship for our son. Perfect. I knew that there was a better way than packing up and going back to Mexico to do the DNA tests. Of course, I don't know what other companies charge, but the one near us wants about $700 to do the tests. I will read the instructions on how we submit the DNA test results along with the application. I am surprised to see that it is the same application that I will use to adopt my wife's two boys that she had before we met. They are here also, on K-2 Visas, and are doing well in school, having learned English rather quickly.

We will send in the CR-1, along with the other forms for AOS. It is cheaper, and maybe since we will need to add the other two boys to the CR-1, it will really save us much more money.

oops. I mean the I-130. Sorry.

[Harpa Timsah 13,258]

You are not applying for a CR-1 visa. You are applying for Greencards by filing Adjustment of Status.

Edit: You seem to have a rather large family all with different immigration needs that haven't been met. Your children are actually in school illegally, but that is not their fault, being children.

By lack of attention to this process, you have confused yourself more and will end up paying more money for all of this stuff, as you now know.

It appears you have a wife: File an AOS package for her.

It appears you have 2 step-kids on K-2 visas. They will also need K-2 Adjustment of Status, though because you waited so long they may need I-130s as well, which is more $$. There is a discounted rate for children when filing in conjunction with a parent for I-485, but you should ask the specifics on that

It appears you have a third, biological child born abroad whom you have not applied for a passport for. How did the kid get to the US?

Edited September 6, 2011 by Harpa Timsah

[Richard-Y-Abigail 18]

Hi. Yeah, I said, oops, the I-130. My children are not illegally here or in school illegally. There is no statute of limitations when we file for AOS. Our youngest crossed the border with his own Visa. This is another story. We are at worst, out of status. We are following the law. Forgive me, but I feel that you are jumping to conclusions. As with every case, there are variables, and I assure you that we have broken no laws.

[bigdog 376]

Look like you are on the right track, USCIS is very serious on leaving before this is resolved. make sure you have an AP. for an emergency.

[Anh map 2,098]

Hi. Yeah, I said, oops, the I-130. My children are not illegally here or in school illegally. There is no statute of limitations when we file for AOS. Our youngest crossed the border with his own Visa. This is another story. We are at worst, out of status. We are following the law. Forgive me, but I feel that you are jumping to conclusions. As with every case, there are variables, and I assure you that we have broken no laws.

The K2 period has long since expired, as has your spouse's K1. So for your wife and her kids you are adjusting status. Don't be thinking immigrant visa. Her kids get derivative status. For your child follow the steps from the USCIS site.

Lots of fees and expenses. No one can change that.

Looks like you are on the right track. It may be worthwhile to do a consultation with a qualified immigration attorney to review all the circumstances to make sure that you file all the needed forms for all family members. You've got a lot of moving parts here. A clear road map can only be helpful.

Best of luck.

[Anh map 2,098]

Look like you are on the right track, USCIS is very serious on leaving before this is resolved. make sure you have an AP. for an emergency.

Super serious!!

I wouldn't even try the AP after things have been filed. No matter how dire the situation outside the US. One little thing could trigger a huge hassle trying to resolve overstay/ban/etc. that could take years to overcome.

[Brother Hesekiel 2,235]

Hi. Yeah, I said, oops, the I-130. My children are not illegally here or in school illegally. There is no statute of limitations when we file for AOS. Our youngest crossed the border with his own Visa. This is another story. We are at worst, out of status. We are following the law. Forgive me, but I feel that you are jumping to conclusions. As with every case, there are variables, and I assure you that we have broken no laws.

Actually,

Harpa Timsah, who is not only one of the most knowledgeable members here on VJ but one of the politest as well, has noticed that you are confused like a 90-year old who had been in a coma for a decade. She tried to figure out what you failed to disclose, and your response to her is like that of somebody who asks for a handout, gets a 10-dollar-bill, and then beats the generous person up for not giving more.

It's you who is jumping to conclusions, and it's not helping anybody.

[KayDeeCee 4,892]

Look like you are on the right track, USCIS is very serious on leaving before this is resolved. make sure you have an AP. for an emergency.

No, they cannot file for AP. They cannot leave, even if they had AP granted. Once they leave the US, the ban is triggered, and AP cannot get them back to the US. They need green cards, period.