Do we need to file AOS

[Help786 0]

Hello All,

After long awaited time my spouse is finally here!

But now I am confused when reading through all this forms....

Do we need to file AOS...my spouse is in USA with IR1 visa, some of the question I have are below:

1. Do we need to file AOS?

2. If no AOS is required, does the green card expire after certain terms? Like 2year or is this normal Green Card which is indefinite and is valid until US citizenship is granted?

3. Do we need to get married in court in USA also? or is the foreign court marriage also valid?

3. If there is no court marriage in USA does the green card get cancel or maybe visa?

4. How long does it take for green card to arrive?

Sorry for the long list of question, hope you guys can answer soon.

thanks for the all the help.

[cathy2904 97]

No, you do not have to file AOS. Your husband is now a permanent resident and does not need to adjust status.

If you have been married for less than two years, your husband will be issued with a conditional Green Card valid for two years and you will later (90 days before the expiry date on the Green Card) have to file for Removal of Conditions (ROC) - check the guides on VJ to learn more about that. Provided that is approved, he will then be issued with a 10 year Green Card.

If you were married for more than two years when he entered the US he will be issued with a 10 year Green Card straight away. No need to ROC later.

Your marriage overseas is valid - it must have been for you to have been issued with a spousal visa. There is no need for you to have another marriage.

His Green Card should arrive within 60 days or so. Mine took 4 weeks but times do vary.

Best wishes and congratulations on being reunited with your husband.

Edited May 21, 2012 by cathy2904

[ceadsearc 515]

No AOS. An IR-1 means you have been married over 2 years. The GC will be for 10 years - but not indefinite.

[VanessaTony 3,567]

1. No.

2. If you've been married more than 2 years at the time he entered he has a 10 year card. It expires in 10 years of course. He's eligible for USC 3 years minus 90 days from the "resident since" date on his card.

3. No. This would be illegal unless it's a state where you're allowed to marry the same person again.

3(again). I don't understand the question exactly... do you mean if you DON'T get married here is his GC void or something? If so no. You're not supposed to get married here again.

4. About a month sometimes quicker.

[grrrrreat 109]

Hello All,

After long awaited time my spouse is finally here!

But now I am confused when reading through all this forms....

Do we need to file AOS...my spouse is in USA with IR1 visa, some of the question I have are below:

1. Do we need to file AOS?

2. If no AOS is required, does the green card expire after certain terms? Like 2year or is this normal Green Card which is indefinite and is valid until US citizenship is granted?

3. Do we need to get married in court in USA also? or is the foreign court marriage also valid?

3. If there is no court marriage in USA does the green card get cancel or maybe visa?

4. How long does it take for green card to arrive?

Sorry for the long list of question, hope you guys can answer soon.

thanks for the all the help.

Everyone else has answered you correctly. This is a note to add that the IR-1 visa once stamped at entry is a temporary Green Card until you receive a physical Green Card in the mail. If he wants to work or travel out of the country, he can use the IR-1 visa to do so.

If he doesn't have an social security number yet, he should bring his IR-1 to a social security office and get one. He'll need it to start working.

Edited May 22, 2012 by grrrrreat

[Help786 0]

Thank you all for the answer, it was very helpful. We received our Welcome letter yesterday so yeppieee

grrrrreat: Thank you for the information on the Social Security (SS).

However, when we went by SS after few days of our arrival they told us that it would arrive in the mail with Green Card, is that correct? or do we need to return back to SS office and apply for one. What is needed to apply just the passport with visa or GC also?

Thanks again all.

[grrrrreat 109]

Thank you all for the answer, it was very helpful. We received our Welcome letter yesterday so yeppieee

grrrrreat: Thank you for the information on the Social Security (SS).

However, when we went by SS after few days of our arrival they told us that it would arrive in the mail with Green Card, is that correct? or do we need to return back to SS office and apply for one. What is needed to apply just the passport with visa or GC also?

Thanks again all.

If you checked a box on the IR-1 papers requesting an SSN, they may send it to you automatically after entry. This has taken a long time for some people, and some people never ever got it in the mail. As a result, many people go to the office and submit another application to make sure they get it quickly, especially if they are anxious to work.

Once you have the GC that's all you need to get an SSN and for all other purposes. Your visa becomes irrelevant when you have the GC.