Need some advice for no AOS yet almost 2 yrs. what should i do?

[charlie&pam 1]

hello to all...i just need some advice from u guys about very late processing AOS cos of my hubby on off at his job....since we dont have money to file AOS is there any posibility that when we file AOS over a yrs. am i in trouble?i just give birth last nov. and in feb. 23 i will be 2 yrs. here...thanks for the reply and GODBLESS

[J&N* 68]

There's no requirements when to file as long as you marry within the 90 days, but they recommend you to do asap anyway since it'll benefit you first of all, you'll be able to work, drive, travel and gets you to remove conditions and all those things! I'd recommend you to save up for it and get it all over with as soon as you can.

[charlie&pam 1]

since i dont have it yet cant do nothing.....now im full housewife and mother....but i want to visit back home someday....i hope we can start to file but i guess not yet coz of my hubby not working....

[Moomin 292]

You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.

[God fearing 13]

You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.

What is ROC, just curious!

[Penny Lane 8,159]

What is ROC, just curious!

Removal of Conditions.

[God fearing 13]

Removal of Conditions.

Thank you !

[Stephen + Elisha 92]

You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.

As long as they married within 90 days of entry on the K-1, they will not need to file an I-130 to adjust status. The I-485 alone will suffice.

If they did not marry within the 90 days, they would need to file an I-130 concurrently with the I-485. But after two years, that would be the least of their problems.

[Moomin 292]

As long as they married within 90 days of entry on the K-1, they will not need to file an I-130 to adjust status. The I-485 alone will suffice.

If they did not marry within the 90 days, they would need to file an I-130 concurrently with the I-485. But after two years, that would be the least of their problems.

They married within 90 days according to their timeline.

It hasn't got anything to do with the K1 if they file after 2 years of being married when the beneficiary married the original petitioner. It's almost 2 years of marriage and filing i-130 and i-485 it's based on being married for two years. There's nothing wrong with that, it's just less expensive, and it's not based on an approved i129f. It still requires a new medical either way.

Someone is more than welcome to jump in with a response on this one.

[Stephen + Elisha 92]

They married within 90 days according to their timeline.

Okay. So far, so good.

It hasn't got anything to do with the K1 if they file after 2 years of being married when the beneficiary married the original petitioner.

I'm afraid that's not accurate. The K-1 does not carry any time limit for adjustment of status. The only limitation is that the beneficiary must marry the original petitioner within 90 days of entry.

Don't take my word for it. Here's what the I-485 instructions have to say about it:

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A.

You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

It's almost 2 years of marriage and filing i-130 and i-485 it's based on being married for two years. There's nothing wrong with that, it's just less expensive, and it's not based on an approved i129f.

As long as the beneficiary married the petitioner within 90 days of entry on the K-1, AOS is still based on the K-1 status. There are only two reasons why someone who entered on a K-1 would need to file an I-130 along with their I-485 (assuming they didn't lose K-1 status by leaving prior to AOS without advance parole):

1. The beneficiary married the petitioner, but outside of the 90 days
2. The beneficiary married a U.S. citizen, but someone other than the petitioner who filed the I-129F on the beneficiary's behalf

It still requires a new medical either way.

This is true, since the K-1 medical is only valid for 6 months to a year.

Edited January 29, 2012 by Stephen + Elisha

[Stephen + Elisha 92]

Moomin posted some links on another thread that helped me to see the point that was being made. According to the Immigration and Nationality Act, a K-1 can only adjust to conditional permanent resident status. If the OP's been married two years, they're better off filing an I-130 with their I-485 because:

1. Even if the I-485 is approved, they'll still get a 2-year GC and have to spend the extra money to remove conditions 2 years later
2. USCIS may deny the I-485 because one part of the INA says that an alien married to a USC for 2 years or more must adjust to unconditional PR status, but the INA says elsewhere that K-1 status can only be adjusted to conditional PR status.

[Moomin 292]

Yes, and the 3rd reason is avoiding ROC by filing the i-130 at the same time, being an immediate relative(spouse) of a US citizen. OP doesn't have to do that and the way you describe it is logical. However it's not just a one way street right now for OP if they file after being married for 2 years. You highlighted 3 A of the instructions but left out 2 A on i-485 instructions, and 1 A on the i-130 instructions.

I'm not saying you're wrong. : ) Just that there's a 3rd option.

[Moomin 292]

Moomin posted some links on another thread that helped me to see the point that was being made. According to the Immigration and Nationality Act, a K-1 can only adjust to conditional permanent resident status. If the OP's been married two years, they're better off filing an I-130 with their I-485 because:

1. Even if the I-485 is approved, they'll still get a 2-year GC and have to spend the extra money to remove conditions 2 years later
2. USCIS may deny the I-485 because one part of the INA says that an alien married to a USC for 2 years or more must adjust to unconditional PR status, but the INA says elsewhere that K-1 status can only be adjusted to conditional PR status.

Precisely - it's playing it safe and avoiding the 600-and-something dollars to ROC after 2 years. It'll cost a wee bit more to adjust status and file i-130 but in the long run, it's probably worth it and not having to ROC and deal with USCIS again. As long as it's files after 2 years of being married and it's to the original petitioner.

[Stephen + Elisha 92]

Thanks for pointing me in the right direction, moomin. Not only is there a third option, but due to the conflict in the INA regarding AOS for K-1s and 2-year marriage to a USC it sounds like I-130 with the I-485 is the best option. Avoid ROC, avoid possible denial due to the conflicting provisions in the INA.

[charlie&pam 1]

You could wait until you've been married for 2 years, then file i-130 and i-485. If approved, you'll receive a 10 year greencard based on being married for more than two years prior to filing. That means no ROC.

If you choose to file AOS now, then you won't need the i-130 but you'll need to ROC in two years.

so u mean it is ok to file late AND THERE IS NO TROUBLE??our 2 yrs. anniversary april 16...how much we gonna cost to file this since i didnt file the ROC?