Applying For AOS

[lilysintrigue 0]

Hello,

I need some help with applying for my husbands AOS... It's been 3 years since he has been here and he entered on a K1 visa legally, we got married within the 90 days, and he has not worked since then. We have had some hard times with the economy and me loosing my job and such. Now that we are on stable ground and everything we are going to start the aos process. My question is along with the I-485 and employment and advance parole documents, what other forms do we need to submit with our application. We are willing to pay any additional fees due to the issues and the long extended time he has been out of status. We have been very careful and abided by all rules and such, not working and everything, we have our lease in our name and he has bills and such that are being sent to our address. We have lots of things in our name and he pays bills for the house on his credit cards.. Please let us know what we can expect and any help would be grateful!! I am really busy at work at the moment and will try to check this forum as much as possible, but if I can't, and you have some helpful advice please email me at shawna.trevathan@sbcglobal.net !!

Kind Regards,

Shawna & Chris

Edited January 4, 2012 by lilysintrigue

[Sirdaniel42 86]

Hello Shawna,

I used this guide to put my package together,

http://www.visajourney.com/content/k1k3aos

Good Luck.

[Kish.2328 9]

As far as I know, your husband needs to redo medical examination since its only valid for a year. Other than that, I have no idea.

[Inky 1,111]

Have you been married now over 2 years? you may have to send the I-130 with the AOS petition to get your proper 10 year green card.

[Harpa Timsah 13,258]

Since it has been over 2 years since you married, most people here suggest that you also file a I-130 with your AOS. The reason is that there are two contradictory rules. One states that someone who has been married over 2 years gets a 10-year GC, and another that states that AOS based off of an I-129F petition and subsequent marriage to the petitioner results in a 2-year GC no matter what. Some members here have received 2-year cards after AOSing from a K-1, even if they have been married over 2 years at the time they filed. If you also file a I-130 with the AOS package, it guarantees that you get the 10 year GC and you will not have to remove conditions in 2 years and pay more, so it might save money in the long run too. The guide for a concurrent I-130/I-485 is here

http://www.visajourney.com/content/i130guide2

Otherwise there are no penalties or anything. Keep in mind that your husband cannot travel abroad using his Advance Parole, because he has been out of status so long. He can travel internationally once he gets his GC. Good luck!

[Robert&Karen 264]

You are likely going to need another full medical exam by a Civil Surgeon.

[VanessaTony 3,567]

He will need another medical and you should submit and I-130 as well as the I-485. It seems more expensive but it will work out slightly cheaper in the end because normally you get a 2 year card and then ROC. Filing the I-130 after 2 years of marriage means you avoid ROC and get the 10 year card. You should be aware however that they require much more evidence of relationships because you have been together for so long.