AOS Question

[fullglass12 0]

AOS has been approved, but I had a question.

Long story short, I am a USC that applied for AOS for my spouse. At the time we applied, we were married less than 2 years. After going through the entire process, and even waiting a really long time, and with a few RFE's in between, the AOS has finally been approved. At time of approval, we have been married over two years. My understanding is that if a couple has been married less than 2 years and gets AOS approved, then a conditional resident status would be granted. However, if a couple has been married less than 2 years at time of AOS application, but AOS gets approved AFTER the 2-year marriage anniversary, then the beneficiary would automatically get a 10-year permanent resident status, not the conditional status. Is this correct?

[KayDeeCee 4,891]

Correct. If married less than 2 years at time of approval, then you receive a conditional card. If married over 2 years, then you should receive a 10 year card.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

A K-1 used to be subject to receiving a 2 year conditional card, even if married over 2 years. However, there was a BIA ruling back in 2011 that stated a K-1 is not subject to get a conditional card if they have been married over 2 years. You can look up Matter of Sesay.

(2) A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more than 2 years old at the time the adjustment application is adjudicated is not subject to the provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a (2006).

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

Edited August 2, 2015 by KayDeeCee

[fullglass12 0]

Correct. If married less than 2 years at time of approval, then you receive a conditional card. If married over 2 years, then you should receive a 10 year card.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Thanks for the quick response!

okay, so we applied for AOS BEFORE the 2-year mark, but recently got the AOS approved and we have been married over two years now. So then my spouse would get the 10-year PR?

and my spouse was F1 at time of application.

Edited August 2, 2015 by fullglass12

[KayDeeCee 4,891]

If you were approved after you were married for more than 2 years, then it should be a 10 year card. If you do not get the 10 year card, then make an infopass appointment to ask about it and see if you can get it corrected.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas- AOS from F1 ~

[fullglass12 0]

If you were approved after you were married for more than 2 years, then it should be a 10 year card. If you do not get the 10 year card, then make an infopass appointment to ask about it and see if you can get it corrected.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas- AOS from F1 ~

Sweet! Thank you!

the AOS experience for us has been extremely long. nearly a two year process.