Adjustment of Status for a 10-Year Green Card?

[Baby Cookie 6]

I spoke to my friend and she said that if I would have waited 2 years of being married before filing for Adjustment of Status, I would've saved some money and avoided the hassle of Removing Conditions (I-751). Now, I'm already a US citizen, but all along I was confident and thought I knew the process. I thought that the Adjustment of Status (I-485) would always give me a 2-year green card, regardless of whether I file right away or after 2 years of being married, and that the Removal of Conditions (I-751) follows no matter what. I didn't know there are shortcuts??? To me, it doesn't add up. So, the USCIS rewards procrastination by eliminating the hassle of removing conditions and waiving the fee??? Please enlighten me on this.

[aleful 1,905]

hi

removal of conditions is only for those who are married under 2 years, if you are married over 2 years, you automatically get the 10 year GC

the removal of conditions was created to try to stop those who married for a GC and once they got the GC, divorced as soon as they got it, they would automatically get the 10 year GC, divorce and then go on their merry way

so it is an extra step to deter marrying for a GC as you have to prove that your marriage is bona fide, to get the 10 year GC

[Baby Cookie 6]

hi

removal of conditions is only for those who are married under 2 years, if you are married over 2 years, you automatically get the 10 year GC

the removal of conditions was created to try to stop those who married for a GC and once they got the GC, divorced as soon as they got it, they would automatically get the 10 year GC, divorce and then go on their merry way

so it is an extra step to deter marrying for a GC as you have to prove that your marriage is bona fide, to get the 10 year GC

Ah, so she's right after all. Had I known, I would've waited 2 years to adjust status and avoid the $590 fee for ROC.

[js030802 6]

the only draw back with this path is that you would have not worked for 2 years while waiting to file your adjustment status. correct me if i'm wrong but i believe one cannot acquire an EAD without the adjustment of status application. it all depends on your situation, if your spouse is able to support you for 2 years without you working then by all means one can wait after 2 years to bypass the removal of conditions application. it is also a matter of financial stability and if you support other people. i see you're from the philippines, and i'm from the philippines too and we know our culture of supporting our family back in the philippines. i'm not judging anybody but for me paying $590 is less than the income i would have if i started working as soon as i'm legally allowed. so again it all depends on your situation. there is definitely nothing wrong with waiting for 2 years before filing AOS.

[Baby Cookie 6]

the only draw back with this path is that you would have not worked for 2 years while waiting to file your adjustment status. correct me if i'm wrong but i believe one cannot acquire an EAD without the adjustment of status application. it all depends on your situation, if your spouse is able to support you for 2 years without you working then by all means one can wait after 2 years to bypass the removal of conditions application. it is also a matter of financial stability and if you support other people. i see you're from the philippines, and i'm from the philippines too and we know our culture of supporting our family back in the philippines. i'm not judging anybody but for me paying $590 is less than the income i would have if i started working as soon as i'm legally allowed. so again it all depends on your situation. there is definitely nothing wrong with waiting for 2 years before filing AOS.

I didn't go to work and never have yet. I'm a full-time housewife and mother. In a few years I will when my baby is bigger.

[Boiler 43,544]

No EAD, no AP, no DL, deportable?

For $590?

[KayDeeCee 4,892]

So you would have rather lived for 2 years out of status and illegally in the US just to not file for ROC? Interesting....

The new medical you would need might cost near the fee of ROC too. Not sure I see why you think it is so much better to wait.

Edited January 14, 2016 by KayDeeCee

[js030802 6]

So you would have rather lived for 2 years out of status and illegally in the US just to not file for ROC? Interesting....

The new medical you would need might cost near the fee of ROC too. Not sure I see why you think it is so much better to wait.

i don't think not filing AOS right after marriage makes the person's stay here illegally. there is no provision in the law that states that one has to file AOS right after marriage. as long as the marriage takes place within 90 days of arrival. i have read a blog here in this website that she waited for 2 years before filing for AOS and that she got interviewed and got approved and was given ten years GC because the marriage has been more than years on the day of the interview. it's not the usual process but it is still legal. i may be wrong but one's marriage within 90 days to the USC petitioner protects the person from being an illegal alien. as i've mentioned above the only down side i can see in this scenario is regarding work situation. and oh by the way let me mention that the person is also risking the possibility of getting out of the US without any re-entry documents.

[Transborderwife 4,666]

i don't think not filing AOS right after marriage makes the person's stay here illegally. there is no provision in the law that states that one has to file AOS right after marriage. as long as the marriage takes place within 90 days of arrival. i have read a blog here in this website that she waited for 2 years before filing for AOS and that she got interviewed and got approved and was given ten years GC because the marriage has been more than years on the day of the interview. it's not the usual process but it is still legal. i may be wrong but one's marriage within 90 days to the USC petitioner protects the person from being an illegal alien. as i've mentioned above the only down side i can see in this scenario is regarding work situation. and oh by the way let me mention that the person is also risking the possibility of getting out of the US without any re-entry documents.

You are wrong

[Ebunoluwa 6,136]

i don't think not filing AOS right after marriage makes the person's stay here illegally. there is no provision in the law that states that one has to file AOS right after marriage. as long as the marriage takes place within 90 days of arrival. i have read a blog here in this website that she waited for 2 years before filing for AOS and that she got interviewed and got approved and was given ten years GC because the marriage has been more than years on the day of the interview. it's not the usual process but it is still legal. i may be wrong but one's marriage within 90 days to the USC petitioner protects the person from being an illegal alien. as i've mentioned above the only down side i can see in this scenario is regarding work situation. and oh by the way let me mention that the person is also risking the possibility of getting out of the US without any re-entry documents.

Or being picked up by ICE on a bus near the border.

[Cathi 5,614]

Ah, so she's right after all. Had I known, I would've waited 2 years to adjust status and avoid the $590 fee for ROC.

um to save $590 you would have taken the chance of being deported for being out of status? Really???????/

i don't think not filing AOS right after marriage makes the person's stay here illegally. there is no provision in the law that states that one has to file AOS right after marriage. as long as the marriage takes place within 90 days of arrival. i have read a blog here in this website that she waited for 2 years before filing for AOS and that she got interviewed and got approved and was given ten years GC because the marriage has been more than years on the day of the interview. it's not the usual process but it is still legal. i may be wrong but one's marriage within 90 days to the USC petitioner protects the person from being an illegal alien. as i've mentioned above the only down side i can see in this scenario is regarding work situation. and oh by the way let me mention that the person is also risking the possibility of getting out of the US without any re-entry documents.

wrong

[Merrytooth 5,748]

The best will be the marriage falls apart before filing AOS during the 2 years (Probably the USC isn't that dumb to get lock in with I-864 for a ex / soon-to-be ex spouse), leaving the K1 beneficiary screwed with no status at all -> deportable and overstay ban.

[Baby Cookie 6]

The best will be the marriage falls apart before filing AOS during the 2 years (Probably the USC isn't that dumb to get lock in with I-864 for a ex / soon-to-be ex spouse), leaving the K1 beneficiary screwed with no status at all -> deportable and overstay ban.

I see your point, but that's the one thing I'm not concerned about because my husband and I love each other and my whole purpose of coming to the US was to be his wife and not to go to work as soon as I got here. I've never heard of anybody getting deported after getting married on a K-1 visa. Instead, if they stay out of status for 2 years and adjust status after that, they get the 10-year green card.

[Transborderwife 4,666]

Just because you've never heard of it doesn't mean that it doesn't happen. It's careless and foolish not to mention technically a civil offence

[Baby Cookie 6]

i don't think not filing AOS right after marriage makes the person's stay here illegally. there is no provision in the law that states that one has to file AOS right after marriage. as long as the marriage takes place within 90 days of arrival. i have read a blog here in this website that she waited for 2 years before filing for AOS and that she got interviewed and got approved and was given ten years GC because the marriage has been more than years on the day of the interview. it's not the usual process but it is still legal. i may be wrong but one's marriage within 90 days to the USC petitioner protects the person from being an illegal alien. as i've mentioned above the only down side i can see in this scenario is regarding work situation. and oh by the way let me mention that the person is also risking the possibility of getting out of the US without any re-entry documents.

I agree, I don't think you're illegal...out of status, yes. Never heard of anybody getting deported for this. Because how can you be illegal when you're given a 10-year green card when you decide to adjust status.