Can spouse who entered on a K3 visa immediately applied for AOS upon arrival in the US?

[K3_IR 0]

Hello everyone.

I just called the US Embassy in Manila and I was advised that since the I-130 petition was filed before our 2nd year wedding anniversary, I will be considered as a conditional resident and can only apply for adjustment of status 90 days before the 2nd year anniversary when I gained permanent residence.

I checked the USCIS website and found this:

Background

A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

It says that: on the day you were given permanent residence (on the day the adjustment of status was approved and the effectivity date written on the green card delievered?).

As of September 29, 2006, my husband and I have been married for 2 years, 2 months and 15 days. So, technically, when I receive my K3 visa (if I get approved during the interview this November), I can file adjustment of status as soon as I arrive in the US, right?

The call center was no help at all I'm confused now. Anyone who had K3 visa experience, married for over 2 years when K3 visa was issued, please help....thanks a lot...

Maru

Sorry guys, typo error.. The Topic should read...on a K3 visa immediately APPLY (instead of applied) for AOS..sorry..

[aussiewench 9]

How long you have been married has no bearing on the K-3 visa as you enter the US with non-immigrant status. How long you have been married comes into play when you are granted immigrant status through the adjustment of status process. You can apply for adjustment of status after entry into the US on the K-3.

On the other hand if you were to get the CR/IR-1 visa you will be granted immigrant status with a 10 year green card on entry to the US if you have been married more then two years. You often have to bring it to their attention at POE so as the correct status is given.

What you were told from Manila is wrong. It is not taken from when an I-130 is approved........it is taken on how long you are married at the time of entry to the US on a CR/IR-1 visa or at the time immigrant status is granted through adjusting status from the K-3.

Permanent residence with conditions (two year green card) applies to those that have been married less then two years on either entry to the US on the CR-1 visa, or at the time one is granted immigrant status through adjustment of status process after entry on the K-3. One then applies to have conditions removed 90 days before the two year anniversary of being granted permanent residence.

Edited September 29, 2006 by aussiewench

[Reba 2]

in short, yep, you can send in your AOS applications as soon as you arrive, regardless of what Manilla said. They were wrong.

You may also want to send in EAD application as well, if you want to work. Sometimes AOS can take a year or more in some areas.

[K3_IR 0]

How long you have been married has no bearing on the K-3 visa as you enter the US with non-immigrant status. How long you have been married comes into play when you are granted immigrant status through the adjustment of status process. You can apply for adjustment of status after entry into the US on the K-3.

On the other hand if you were to get the CR/IR-1 visa you will be granted immigrant status with a 10 year green card on entry to the US if you have been married more then two years. You often have to bring it to their attention at POE so as the correct status is given.

What you were told from Manila is wrong. It is not taken from when an I-130 is approved........it is taken on how long you are married at the time of entry to the US on a CR/IR-1 visa or at the time immigrant status is granted through adjusting status from the K-3.

Permanent residence with conditions (two year green card) applies to those that have been married less then two years on either entry to the US on the CR-1 visa, or at the time one is granted immigrant status through adjustment of status process after entry on the K-3. One then applies to have conditions removed 90 days before the two year anniversary of being granted permanent residence.

Yeah! That's what I understand too. That's why I was not worried at all about the removal of conditional status because I know I don't have to do that. Thanks for the reply aussiewench, Reba. That's the plan, apply Adjustment of Status as soon as I arrive along with EAD. If I filed AOS in California, can I have the biometrics done somewhere else? I am going to Oklahoma in January to study...Thanks..

Maru

[Peikko 1,575]

Just wanted to say, if you are applying for AOS around the LA area you are looking at around a 3 month process, making EAD unnecessary.

Not sure about further North (San Fran etc) but it's worth taking a look before you file to see if you want to spend the extra $$$s

Good luck

[Yodrak 7]

Maru,

This paragraph makes no sense at all. Once a person has gained permanent residence there is no need to apply for adjustment of status - they have status, nothing to adjust. What one would apply for 90 days before the 2nd anniversary of gaining permanent residence would be removal of conditions.

Yes, a K3 can apply for adjustment of status immediately on arrival.

Yodrak

Hello everyone.

I just called the US Embassy in Manila and I was advised that since the I-130 petition was filed before our 2nd year wedding anniversary, I will be considered as a conditional resident and can only apply for adjustment of status 90 days before the 2nd year anniversary when I gained permanent residence.

....

Maru

Edited September 29, 2006 by Yodrak

[Reba 2]

If I filed AOS in California, can I have the biometrics done somewhere else? I am going to Oklahoma in January to study...Thanks..

Maru

probably not no. If you're going to settle in Oklahoma, then wait til you get there to apply for AOS. If you apply in California, and then move, you'll have to notify them of the move, and they'll either lose your applications as they transfer it to Oklahoma, or they'll not change your address, and they'll be sending interview notices to your California address which you won't get, and then they'll start deportation proceedings.

ANY address change when you move residence requires that the immigrant notify USCIS with form AR-11 within 10 days, and the sponsor spouse with form I-865 within 30 days. Failure to notify them can result in $$$ fines, as well as not getting your mail and then later removal proceedings when they locate you.

[Erick 0]

K3_IR,

Just noticed on your timeline that your interview is 2 days before my wife and also same with the medical. She is actually going to the medical before the date indicated in her letter since the office at St.Lukes told her it would be ok. I am hoping she gets the visa before I have to return so she and our daughter can fly back with me. BTW where are you from in the Philippines? Hope you guys made it through the typhoon ok, seen the damage on tv and it looks real bad. Anyways, good luck with your interview.