AOS

[emil9710 1]

Hey Visajourney guys, I got my two years conditional visa IR1-cr1 around a year ago, and now about to start filing for the AOS, I need to know almost everything about that, like, how much should me and my wife make per year (we are not making big money but we both work and live pretty ok) , also, I heard some stories about sending back people to their countries to refile papers in there, is that true??? Emmmmm, what else, any information could be helpful!!! I apreciate your help in advance guys and wish everyone good luck

[TBoneTX 45,540]

See the Guides -- link is atop every VJ page -- and scan the forum posts. If you then have questions, feel free to ask.

*** Thread transferred from CR-1 to AOS (Family-Based) forum. ***

[Que Saudade 284]

I'm confused. If you have CR1, then why do you file AOS? Wouldn't this be ROC? Or am I sleep deprived?

[emil9710 1]

I'm confused. If you have CR1, then why do you file AOS? Wouldn't this be ROC? Or am I sleep deprived?

Dunno, thaught that I should file foe adjustment os status!!! That why am here, to ask you guys )

[emil9710 1]

See the Guides -- link is atop every VJ page -- and scan the forum posts. If you then have questions, feel free to ask.

*** Thread transferred from CR-1 to AOS (Family-Based) forum. ***

Is it true that sometimes they send people back to their countries to file the paper work thrue their embassy ??? I mean, is it the with the mariage visa or its just with oher types of visas?

Dunno, thaught that I should file foe adjustment os status!!! That why am here, to ask you guys )

Well, my visa is not the k1 type..

[tempa 1]

well, if you have CR-1 you already have a greencard, or Permanent Resident Card.

do you have one?

[ceadsearc 516]

I think you are confused - either by what visa you came on or by what you need to do.

If you came on a CR-1 you have a green card. You don't need to AOS. You need to file for removal of conditions no earlier than 90 days before your 2-year card expires.

If you came on a K-3 or K-1 you need to AOS.

Do you have a green card already?

[Ryan H 3,813]

Moved from Adjustment of Status from Family Based Visas to Removing Conditions on Residency Discussion. Based on the information provided by the OP in the first post, the OP needs to file for Removal of Conditions (ROC), not Adjustment of Status.

[emil9710 1]

I think you are confused - either by what visa you came on or by what you need to do.

If you came on a CR-1 you have a green card. You don't need to AOS. You need to file for removal of conditions no earlier than 90 days before your 2-year card expires.

If you came on a K-3 or K-1 you need to AOS.

Do you have a green card already?

Yeah, I do have a green card, and yup, its conditional on the mariage!

[emil9710 1]

well, if you have CR-1 you already have a greencard, or Permanent Resident Card.

do you have one?

yes, conditonal one, good for two years .

[KayDeeCee 4,893]

yes, conditonal one, good for two years .

Adjustment of status is to get a green card. Those that enter the US with a spousal visa do not need to file for AOS. You will need to file for removal of conditions within the 90 day period before your green card expires: http://www.visajourney.com/content/751guide

[emil9710 1]

thank you for all those information, guys!!! I apreciate all of that .. I got a good idea about the paper work I gotta submit and everything , still have the same question wich I didn`t read any about , is there any cases they will reject the case and ask me to refile again from the tunisian embassy ( just trying to save for a trip like that if yes) , because I heard that they do that in some situations, I dunno if its the same with the CR1-IR1 visa! thank you again million times

[Akwunomy 4]

I have not heard about asking someone who is removing condition to go to their country...just follow the rule...which is file during the 90 day window...filing jointly and submit all the supporting document...you may be approve without an interview...or they will call you guys for an interview...

[Moomin 292]

thank you for all those information, guys!!! I apreciate all of that .. I got a good idea about the paper work I gotta submit and everything , still have the same question wich I didn`t read any about , is there any cases they will reject the case and ask me to refile again from the tunisian embassy ( just trying to save for a trip like that if yes) , because I heard that they do that in some situations, I dunno if its the same with the CR1-IR1 visa! thank you again million times

Well, to lift the conditions are so you can have a 10 year greencard is basically proving that you're still married and you still have a bona fide/genuine marriage. If you cannot prove that, then yes, the application will be denied and you are deportable. There are other reasons such as not maintaining your residency, failing to show up for biometrics appointment/interview or responding to time sensitive mail from USCIS. But please don't jinx yourself; simply follow the guide on Visa journey or read the instructions for i751.

USCIS mentions some of the documents you can provide, the Visa Journey guide covers most of the documents, as well as how to essemble all the papers.

[ceadsearc 516]

You're already a permanent resident, so unless you were denied for something like misrepresentation, fraud, etc. you would be able to refile. The only possible issue (extremely, extremely slim) is if you were out of the country already and a denial occurred. I'm honestly not sure what would happen in that scenario but again, that is very very unlikely (particularly if you aren't intending to travel abroad while it is processing).