K3 Delay of Status Adjustment

[pushbrk 12,243]

I just don't see that the benefit is worth the risk you seem to be willing to expose your spouse to.

I think perhaps one of us has misjudged the risk.

[Leney 0]

I am confused again (perpetually) My husband and I are filing for AoS this month due to the fee increases and our 2nd wedding anniversary is the 25th of this month. He just entered the US on May 27th. Is there something risky I am unaware of? I think this thread has just caused me undo worry

[Killer_Clown_2009 0]

You don't have to pay a fee to lift the conditions on the child's green card (only biometric fee), as long as the conditional greencards received by mother and child are within 3 months of issue date (at least that's what I was told by someone at Boston USCIS).

I don't see a huge issue with waiting to apply though (especially as your spouse would want to leave the US if you were to die). If I didn't really need to work, I would have not sent in my AOS application until this summer in order to get a 10 year card rather than a 2 year card.

Although, I suppose people on here are correct and things can change. Also, it would be a longer wait to apply for citizenship if your spouse/step-child intend to do so.

Edited June 8, 2007 by jane2005

[Killer_Clown_2009 0]

Oh, one other thing, leaving out a photo probably won't result in an RFE (at least it didn't for me, when I forgot to send one of mine with the application). Try leaving out something important like tax returns.

[Dr_LHA 3]

I don't see the problem with delaying AOS apart from the fee increases. Worrying about a mysterious something that might happen in the future seems silly, I highly doubt any change to the law that allows one to get a rapid Green Card for a foriegn spouse in the USA will happen. I personally did not submit my AOS until after I had been married for 2 years.

Edited June 8, 2007 by Dr_LHA

[pushbrk 12,243]

I am confused again (perpetually) My husband and I are filing for AoS this month due to the fee increases and our 2nd wedding anniversary is the 25th of this month. He just entered the US on May 27th. Is there something risky I am unaware of? I think this thread has just caused me undo worry

I think even those mentioning risk for me, would agree any risk they had in mind does not apply to you. I'm filing for AOS 11 months (wanted it to be 13) after my wife arrived on her K3 visa. You aren't delaying filing. It just turns out your timely filing will give you the result I'm delaying to achieve.

Relax and enjoy your new life. You're fine.

[pushbrk 12,243]

I don't see the problem with delaying AOS apart from the fee increases. Worrying about a mysterious something that might happen in the future seems silly, I highly doubt any change to the law that allows one to get a rapid Green Card for a foriegn spouse in the USA will happen. I personally did not submit my AOS until after I had been married for 2 years.

I can assure you that my Chinese wife would be very distressed if I even asked her what she would do if I died, much less consulted her about making an immigration related decision with that in mind. Most Chinese think speaking of death is bad luck. Nevertheless, I know the answer to the question, without any doubt.

I actually believe in silly things like taking actions related to mysterious things that might happen in the future though. I buy insurance, keep a loaded handgun in the nightstand etc. (no children in the home) One thing the delay itself is intended to guard against was having to alter our overseas travel plans in order to deal with removing the conditions on a two-year green card. Fortunately, it looks like those plans are delayed a 12 to 18 months because of some unforseen (at the time we decided to delay filing AOS) circumstances.

Some seem to be worried my wife will miss out on some immigration benefit by delaying. Other than EAD, which she has anyway, and the ability to take a vacation in China next year, (which se can anyway) the only benefit she expected from immigrating to the US was to be with her husband.

[Dr_LHA 3]

I can assure you that my Chinese wife would be very distressed if I even asked her what she would do if I died, much less consulted her about making an immigration related decision with that in mind. Most Chinese think speaking of death is bad luck. Nevertheless, I know the answer to the question, without any doubt.

I wasn't talking about any death, I meant some people's worry that some change in immigration law might happen if you wait.

[KarenCee 3]

I can assure you that my Chinese wife would be very distressed if I even asked her what she would do if I died, much less consulted her about making an immigration related decision with that in mind. Most Chinese think speaking of death is bad luck. Nevertheless, I know the answer to the question, without any doubt.

I wasn't talking about any death, I meant some people's worry that some change in immigration law might happen if you wait.

That is definately a grave possibility. There is a reason the USCIS would prefer you to file AOS as soon as possible, yanno?

[john_and_marlene 162]

I can assure you that my Chinese wife would be very distressed if I even asked her what she would do if I died, much less consulted her about making an immigration related decision with that in mind. Most Chinese think speaking of death is bad luck. Nevertheless, I know the answer to the question, without any doubt.

I wasn't talking about any death, I meant some people's worry that some change in immigration law might happen if you wait.

I was talking about death of the USC before AOS was complete. Changes in immigration law wasn't the consideration.

Life insurance was a good parallel

[Dr_LHA 3]

I was talking about death of the USC before AOS was complete. Changes in immigration law wasn't the consideration.

That's great, but I wasn't commenting on what you said.

[Yodrak 7]

pushbrk,

In which case go ahead and wait, if that's what you want to do. Unless and until she changes her mind.

Yodrak

If I were dead, my wife would prefer to reside in China. She lives here because I do.

pushbrk,

Where would your wife like to reside should you be attacked and killed prior to adjusting by an irate VJer gone 'postal' because you gave bad information?

Yodrak

[pushbrk 12,243]

Yeah, we'll wait about another 35 days. I guess I better make that appointment with the civil surgeon.

pushbrk,

In which case go ahead and wait, if that's what you want to do. Unless and until she changes her mind.

Yodrak

If I were dead, my wife would prefer to reside in China. She lives here because I do.

pushbrk,

Where would your wife like to reside should you be attacked and killed prior to adjusting by an irate VJer gone 'postal' because you gave bad information?

Yodrak

[Gaby&Talbert 1]

I filed my wife's AOS as soon as possible only because I don't want her to worry about anything. She and I arrived in the US about a week before we sent it in. I see the point of eliminating the process of removing conditions especially if it eliminates an interview.