holding off on AOS ?

[richardowen 0]

Hi,

Just got approval notice for our I-130 which is great however I'm on K3 right now with EOA pending so it's really not that important to me to get my green card straight away... I would do it but reading the documentation it appears that if you are married for more than 2 years at AOS interview and you are successful then a Permanent Green Card is issued. If it's less than 2 years then a Conditional Green card is issued and you have to wait 2 year to get Perm !

My question is, is it OK for me to post-pone filing AOS so that our interview is after September 9th, which will be our second wedding anniversary or would this cause problems ? It would be nice to get perm this year not have to worry for another 2 years.

Rich./

[Ashleigh-Au 0]

No it won't be a problem if you delay filing the I-485.....but be aware you may need to redo your medical if your original one is more than 12 months old.

We redid ours.....plus we left it so long we had to re aply for EAD.

If I were you I would file asap after your second anniversary.

Good luck

[richardowen 0]

No it won't be a problem if you delay filing the I-485.....but be aware you may need to redo your medical if your original one is more than 12 months old.

We redid ours.....plus we left it so long we had to re aply for EAD.

If I were you I would file asap after your second anniversary.

Good luck

Thanks Ashleigh

Reading here it's appox 6 months to get AOS minimun so I was thinking of applying in April, which should give us an interview date later then September 9th. Also I think you can ask for an alternative date once.

Anyone got interview for AOS in less than 6 months from application ?

I had medical with K3 in November... will this still count for AOS if I apply in April ?

Rich./

[Ashleigh-Au 0]

as long as it is less than a year old when you file you will be fine.

Ours were well and truly expired....like about a year. I didn't check with anyone or wait for a RFE.we just did them again....( 2 kids and me)

[rebeccajo 14]

Yes a good many people get interviewed in less than six months. We were interviewed four months after filing.

[Yodrak 7]

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hi,

Just got approval notice for our I-130 which is great however I'm on K3 right now with EOA pending so it's really not that important to me to get my green card straight away... I would do it but reading the documentation it appears that if you are married for more than 2 years at AOS interview and you are successful then a Permanent Green Card is issued. If it's less than 2 years then a Conditional Green card is issued and you have to wait 2 year to get Perm !

My question is, is it OK for me to post-pone filing AOS so that our interview is after September 9th, which will be our second wedding anniversary or would this cause problems ? It would be nice to get perm this year not have to worry for another 2 years.

Rich./

[diadromous mermaid 36]

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

[kim&james 0]

Also it depends on your District office processing times. If you are anywhere near new orleans, you should file ASAP, as one is not likely to receive an interview before the next millenium. (guess which is my O.. go on! LOL)

For the most part though I would go by there guidelines and shave say 3 months off the processing date. Also although as yet I havent found any more info on it, they are not issueing interviews until the FBI namecheck clears as of the beginning of Jan, what happens regarding this in regards to the processing time we will just have to wait and see.

[Kathryn41 3,205]

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

Would it not mean then that he applies to have the conditions removed on his own rather than jointly. If there is no AOS on file, he would not even have that option and would have to leave the States. That is my understanding, at any rate.

[diadromous mermaid 36]

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

Would it not mean then that he applies to have the conditions removed on his own rather than jointly. If there is no AOS on file, he would not even have that option and would have to leave the States. That is my understanding, at any rate.

Well there are cases where even if AOS has not yet been submitted, or, in fact, even if the beneficiary has not yet entered the country, an alien widow/widower could conceivably self-petition as an immediate relative. The wrinkle, as I understand it, is that death of a petitioner means revocation of a petition. Now, upon revocation, there is an opportunity for an immediate relative to petition on humanitarian grounds, but this requires an approved Alien Relative petition and only if the parties were married for two years prior to the death occuring. I think!

[richardowen 0]

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

Would it not mean then that he applies to have the conditions removed on his own rather than jointly. If there is no AOS on file, he would not even have that option and would have to leave the States. That is my understanding, at any rate.

Well there are cases where even if AOS has not yet been submitted, or, in fact, even if the beneficiary has not yet entered the country, an alien widow/widower could conceivably self-petition as an immediate relative. The wrinkle, as I understand it, is that death of a petitioner means revocation of a petition. Now, upon revocation, there is an opportunity for an immediate relative to petition on humanitarian grounds, but this requires an approved Alien Relative petition and only if the parties were married for two years prior to the death occuring. I think!

Thanks all, can we stop talking about my OH's untimely demise now please !

[tiberonsuave 0]

Back to the original question. I would file for AOS as soon as you are eligible to do so. The advantages far outweigh the disadvantages my friend.

tony

[Yodrak 7]

Kathryn,

Remove conditions on what? Rich is writing about applying for adjustment, not about removing conditions.

Yodrak

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

Would it not mean then that he applies to have the conditions removed on his own rather than jointly. If there is no AOS on file, he would not even have that option and would have to leave the States. That is my understanding, at any rate.

diadromous mermaid,

That question's beyond my comfort zone.

Yodrak

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

[diadromous mermaid 36]

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

Would it not mean then that he applies to have the conditions removed on his own rather than jointly. If there is no AOS on file, he would not even have that option and would have to leave the States. That is my understanding, at any rate.

diadromous mermaid,

That question's beyond my comfort zone.

Yodrak

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

Answered with characteristic and requisite aplomb!

[richardowen 0]

Back to the original question. I would file for AOS as soon as you are eligible to do so. The advantages far outweigh the disadvantages my friend.

tony

Could you elaborate ?