Jump to content

7 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: India
Timeline

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.

Share this post


Link to post
Share on other sites

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 by cathy2904

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

Share this post


Link to post
Share on other sites

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


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: Timeline

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 by grrrrreat

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: Timeline

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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...