From K-1 to AOS

[Jen&Brendan 0]

When I applied it was taking around 3 months. It seems to be a bit longer now.

Your greencard is only going to be valid for 2 years. 90 days before the card expires you MUST file for Removal of Conditions (ROC). The condition being your marriage to your USC spouse. You pay more money and submit more proof of relationship (you can have a look at the ROC thread in my signature to see what you're in for 'cause you should start collecting this stuff ASAP).

AP stands for "Advanced Parole". AP is in case you need to leave the country while your AOS is pending. If you leave WITHOUT AP you cannot re-enter the US without another visa and your AOS process is abandoned (and you just wasted the $1070). It's only useful (like the EAD) until you get your greencard and then it does everything.

So will I have to do this ROC every two years?

Do I get the AP with applying for the AOS?

I hope I won't have any emergency that I would have to leave to country for the next two years!

[ceadsearc 515]

Not every 2 years, just once 2 years after getting your first green card. The next one will be for 10 years and you will either apply for citizenship before it expires or renew it after 10 years.

You can get AP while waiting for AOS by filing the I-131 at the same time. Once you get your GC, you won't need AP. When you apply for ROC, your receipt will serve as a 1-year extension to your green card and allow you to travel with it.

[VanessaTony 3,567]

So will I have to do this ROC every two years?

Do I get the AP with applying for the AOS?

I hope I won't have any emergency that I would have to leave to country for the next two years!

As said above, ROC is only once. Your first card is 2 years. Then you ROC and get a 10 year card. You continue renewing the GC or you apply for USC (please see note below).

You have to file form I-131 to get AP with AOS. the cost is waived for AP and for EAD (work permit) if you file with AOS. Please see the AOS thread in my signature but note the AOS fee is currently $1070.

AP is only until you get the GC. Once you get the GC the AP isn't needed. Because AOS can sometimes take around 6 months or more AP comes in handy for trips out of the country if needed (or wanted).

Note: regarding the previous suggestion of citizenship. Please note that Germany does not permit dual citizenship as a matter of course. You need to file for BBG (it's a really long word) with the German government for permission to retain your citizenship on obtaining another one. Please see this thread: http://www.visajourney.com/forums/topic/241744-dual-americangerman-citizenship-beibehaltungsgenehmigung/ that explains the process a bit and what resources to use if this is a path you choose to follow. You need to apply for BBG BEFORE applying for USC.

Edited March 28, 2012 by Vanessa&Tony

[minae 5]

Vanessa&Tony are one of the very best advisers on Vj. I would just like to add that you may also have to do a FRESH medical examination if you stay too long to apply for AOS... It's not cheap!

Hey S_R,

Nice to see you back on board. I thought you must have been busy.

M

[Jen&Brendan 0]

How long is the Medical Exam from Germany valid?

[ceadsearc 515]

Medical exams are good for a year.