2y or 10yr GREEN CARD?

[Harpa Timsah 13,258]

There have been people on this board who entered on K-1, got married within 90 days, but then did not file AOS for over two years. They have gotten a 2-year card. If I find any (I remember one of the top of my head, I will post it). The appropriate INA is linked above.

But, just to be clear, the OP has a I-130 so will be getting a 10-year card.

Edit: Here is the person I remembered. http://www.visajourney.com/forums/topic/276256-late-to-apply-aos/page__view__findpost__p__4210223

Edited July 5, 2012 by Harpa Timsah

[VanessaTony 3,567]

The court read the rules to say that the K-1 could only adjust based on marriage to the fiancee. That part is probably right. They also stated, however, that the person had to adjust to conditional resident first. That part is probably wrong.

As you note, if the alien waits more than two years to file a new I-130 and I-485, they'll get a 10-year permanent resident card, not a conditional one. Technically under the rules as explained by the court, even that person would need to first adjust to conditional resident. But that person couldn't be a conditional resident because they had been married for more than two years! It's a strange dilemma and it looks like USCIS has decided to obey the first part (you have to adjust based on marriage to the K-1 fiancee), but not the second (you have to adjust first to conditional resident).

Please have a read of the links above where the appropriate section of the INA is mentioned about the "conditional" issue for K1 adjusters.

[grrrrreat 109]

Please have a read of the links above where the appropriate section of the INA is mentioned about the "conditional" issue for K1 adjusters.

Thanks I've read the INA and the court decisions that interpret it, and I'm just letting you know that at least one court of appeals says that all K1 adjusters have to become conditional residents no matter what.

[VanessaTony 3,567]

Thanks I've read the INA and the court decisions that interpret it, and I'm just letting you know that at least one court of appeals says that all K1 adjusters have to become conditional residents no matter what.

Ummm what? That's why I'M saying. You said the second part, about K1's having to be conditional first "is probably wrong". I was showing you the appropriate section of the INA that states that it's NOT wrong and that they MUST be 2 year first... If you didn't mean to say that not all K1's should be conditional first, then fair enough, but that's how your post reads.

On re-reading your post it's the whole K1 issue that's confusing. You MUST AOS based on our K1 petitioner if you're here on a K1, so the second part about that person AOSing based on that marriage having to be conditional is moot.

[grrrrreat 109]

Ummm what? That's why I'M saying. You said the second part, about K1's having to be conditional first "is probably wrong". I was showing you the appropriate section of the INA that states that it's NOT wrong and that they MUST be 2 year first... If you didn't mean to say that not all K1's should be conditional first, then fair enough, but that's how your post reads.

On re-reading your post it's the whole K1 issue that's confusing. You MUST AOS based on our K1 petitioner if you're here on a K1, so the second part about that person AOSing based on that marriage having to be conditional is moot.

Not all K1s should have to be conditional first. K1s who have been married for more than two years should not have to be conditional first.

K1s who have not been married for two years have to be conditional first. No K1 can adjust based on another relationship.

[VanessaTony 3,567]

Not all K1s should have to be conditional first. K1s who have been married for more than two years should not have to be conditional first.

K1s who have not been married for two years have to be conditional first. No K1 can adjust based on another relationship.

Umm yes. There we go. You're wrong. Please read the appropriate section of the INA that I linked, and the post from Harpa above. Length of marriage is irrelevant. K1's will always get a 2 year card UNLESS they also file an I-130 for marriages longer than 2 years they'll get the 10 year card.

[Carlos H 0]

Just let everyone know I got my 10Yr card today!!!