K3 & AOS question

[prince+angel 3]

Forgive me if this question isn't posted in the correct forum but I have a quick question. The k3 stamp in my husbands passport is valid until 06/25/2011, does that mean we have up to 90 days before that expiration date to file AOS or does it have to be filed in the next 12 months (by 06/25/2010)? I checked the guides & I'm just not too sure. Many here on VJ file shortly after their spouse arrives.

This way I figure we could bypass getting the temp conditional card & bypass paying to remove conditions 2 years later.

Thank you ...Stacy

[Bobby+Umit 161]

Has to be filed before the visa expires.

(of course you want to keep the I-94 in mind)

Edited August 7, 2009 by Bobby_Umit

[prince+angel 3]

Yes, thanks .. the I-94 has an expiration date of 06/25/2011.. so I think we will be OK to file AOS after our 2 year wedding anniversary right?

[Bobby+Umit 161]

Sounds right.

[pooja 0]

But in that way your husband will not be able to work untill two years of your marriage. Which I think as per your timeline may 2010. Otherwise it will be perfectly ok.

[Y's_habibitk 2]

But in that way your husband will not be able to work untill two years of your marriage. Which I think as per your timeline may 2010. Otherwise it will be perfectly ok.

no actually, a k3 holder can file a stand alone EAD application and receive work authorization.

You dont have to file AOS to get work auth on a K3. this is one of the benefits to a K3 holder. You can bypass lifting conditions by filing AOS timely so that you get approved after your 2 yr anniversary.

Its the only spousal/fiance visa that gives you a way around the lifting conditions if you are married under 2 years upon visa issuance. Even the CR1 is a 2 yr GC and requires lifting conditions in 2 years

[yaziedandlisa 0]

But in that way your husband will not be able to work untill two years of your marriage. Which I think as per your timeline may 2010. Otherwise it will be perfectly ok.

no actually, a k3 holder can file a stand alone EAD application and receive work authorization.

You dont have to file AOS to get work auth on a K3. this is one of the benefits to a K3 holder. You can bypass lifting conditions by filing AOS timely so that you get approved after your 2 yr anniversary.

Its the only spousal/fiance visa that gives you a way around the lifting conditions if you are married under 2 years upon visa issuance. Even the CR1 is a 2 yr GC and requires lifting conditions in 2 years

[Bobby+Umit 161]

Well - there is one warning.

If something happens to the petitioner - like death, that could be a problem.....

[Y's_habibitk 2]

Well - there is one warning.

If something happens to the petitioner - like death, that could be a problem.....

well yes. god forbid.. but, if it was me and i came to a foriegn country and my spouse died, i would go home to my family and AOS would be the least of my concerns

[prince+angel 3]

Thanks for all the responses, its always useful to get additional information from folks here. Were going to file the EAD and do the AOS before the visa expires in 2011. In the long run it'll only save us a couple of hundred but we'll save spending more time with USCIS. Thanks again & enjoy the weekend!

[RichardCarol 0]

Well - there is one warning.

If something happens to the petitioner - like death, that could be a problem.....

well yes. god forbid.. but, if it was me and i came to a foriegn country and my spouse died, i would go home to my family and AOS would be the least of my concerns

Hey habibitk, that is the question that I have! We went to USCIS Office and the officer said that to us!! We will have 2 years married in January, so, she sad that we can apply to AOS just near that date. Do you know which date they use? We have to have 2 years and 1 day of married when we are going to apply to AOS or in our AOS interview? DO you know that? Do you know where I can find/confirm this information? Actually, I did my medical exams in my country last january, and I know that they expires in 1 year, right? So, we are confused what is better to do! We want to apply to the 10years green card, but, we dont want to have the medical exams expired!!! Can you help me guys?

[Y's_habibitk 2]

Well - there is one warning.

If something happens to the petitioner - like death, that could be a problem.....

well yes. god forbid.. but, if it was me and i came to a foriegn country and my spouse died, i would go home to my family and AOS would be the least of my concerns

Hey habibitk, that is the question that I have! We went to USCIS Office and the officer said that to us!! We will have 2 years married in January, so, she sad that we can apply to AOS just near that date. Do you know which date they use? We have to have 2 years and 1 day of married when we are going to apply to AOS or in our AOS interview? DO you know that? Do you know where I can find/confirm this information? Actually, I did my medical exams in my country last january, and I know that they expires in 1 year, right? So, we are confused what is better to do! We want to apply to the 10years green card, but, we dont want to have the medical exams expired!!! Can you help me guys?

The AOS application must be approved after the 2 years anniversary. Approved being the key word. If you apply months before the anniversary and its approved quickly(before your 2yrs) then you'll get the 2 yr conditional card. Yes, the medical exams will have expired, but I think the payoff is worth it

Here's a good place to start studying:

http://74.125.47.132/search?q=cache:wUYRP9...=clnk&gl=us

"Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)"

and in the VJ guides:

http://www.visajourney.com/faq/k3k4visa-aos.html

"14.9)...What is the status of a K3 after approval of Adjustment of Status?

A..If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents. For more information on Conditional Permanent Residence, and the subsequent application for Lifting of Conditions on Conditional Status, see Section 7.0."

Good Luck

editted: btw, ours is in Jan too!

Edited August 10, 2009 by Y's_habibitk

[RichardCarol 0]

Well - there is one warning.

If something happens to the petitioner - like death, that could be a problem.....

well yes. god forbid.. but, if it was me and i came to a foriegn country and my spouse died, i would go home to my family and AOS would be the least of my concerns

Hey habibitk, that is the question that I have! We went to USCIS Office and the officer said that to us!! We will have 2 years married in January, so, she sad that we can apply to AOS just near that date. Do you know which date they use? We have to have 2 years and 1 day of married when we are going to apply to AOS or in our AOS interview? DO you know that? Do you know where I can find/confirm this information? Actually, I did my medical exams in my country last january, and I know that they expires in 1 year, right? So, we are confused what is better to do! We want to apply to the 10years green card, but, we dont want to have the medical exams expired!!! Can you help me guys?

The AOS application must be approved after the 2 years anniversary. Approved being the key word. If you apply months before the anniversary and its approved quickly(before your 2yrs) then you'll get the 2 yr conditional card. Yes, the medical exams will have expired, but I think the payoff is worth it

Here's a good place to start studying:

http://74.125.47.132/search?q=cache:wUYRP9...=clnk&gl=us

"Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)"

and in the VJ guides:

http://www.visajourney.com/faq/k3k4visa-aos.html

"14.9)...What is the status of a K3 after approval of Adjustment of Status?

A..If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents. For more information on Conditional Permanent Residence, and the subsequent application for Lifting of Conditions on Conditional Status, see Section 7.0."

Good Luck

editted: btw, ours is in Jan too!

Thank you soooo much!!!

So, will you apply to AOS just in January as well???

We found this information about medical examination:

medical exam‏:

"Q: Do I need to complete another full medical to adjust status?

Per Section 1245.5 in the Code of Federal Regulations, a medical examination shall not be required of an applicant for adjustment of status who entered the United States as a non-immigrant spouse, fiancée, or fiancée of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of 8 CFR chapter I if the applicant was medically examined prior to, and as a condition of, the issuance of the non-immigrant visa; provided that the medical examination occurred not more than 1 year prior to the date of application for adjustment of status."

What do you think?

How much it cost if my medical exam will be expired? Do you know how much we have to pay?

Thanks a lot!!

[prince+angel 3]

RichardCarol that was a great question, I forgot about the medical exam part. Hassen (my hubby) had his exam & interview after our 1 year anniversary so if we apply close to our 2 yr anniversary date, were still OK ( i hope).

Lisa - as always gurl - ur the bomb! Thanks for your rapid assistance & knowledge!

Another question: does my local office handle the AOS or does it still have to go to USCIS? I checked the website for my local office & the do handle the AOS but they are currently working on Oct 2008!!!

Well - there is one warning.

If something happens to the petitioner - like death, that could be a problem.....

well yes. god forbid.. but, if it was me and i came to a foriegn country and my spouse died, i would go home to my family and AOS would be the least of my concerns

Hey habibitk, that is the question that I have! We went to USCIS Office and the officer said that to us!! We will have 2 years married in January, so, she sad that we can apply to AOS just near that date. Do you know which date they use? We have to have 2 years and 1 day of married when we are going to apply to AOS or in our AOS interview? DO you know that? Do you know where I can find/confirm this information? Actually, I did my medical exams in my country last january, and I know that they expires in 1 year, right? So, we are confused what is better to do! We want to apply to the 10years green card, but, we dont want to have the medical exams expired!!! Can you help me guys?

The AOS application must be approved after the 2 years anniversary. Approved being the key word. If you apply months before the anniversary and its approved quickly(before your 2yrs) then you'll get the 2 yr conditional card. Yes, the medical exams will have expired, but I think the payoff is worth it

Here's a good place to start studying:

http://74.125.47.132/search?q=cache:wUYRP9...=clnk&gl=us

"Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)"

and in the VJ guides:

http://www.visajourney.com/faq/k3k4visa-aos.html

"14.9)...What is the status of a K3 after approval of Adjustment of Status?

A..If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents. For more information on Conditional Permanent Residence, and the subsequent application for Lifting of Conditions on Conditional Status, see Section 7.0."

Good Luck

editted: btw, ours is in Jan too!

Thank you soooo much!!!

So, will you apply to AOS just in January as well???

We found this information about medical examination:

medical exam‏:

"Q: Do I need to complete another full medical to adjust status?

Per Section 1245.5 in the Code of Federal Regulations, a medical examination shall not be required of an applicant for adjustment of status who entered the United States as a non-immigrant spouse, fiancée, or fiancée of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of 8 CFR chapter I if the applicant was medically examined prior to, and as a condition of, the issuance of the non-immigrant visa; provided that the medical examination occurred not more than 1 year prior to the date of application for adjustment of status."

What do you think?

How much it cost if my medical exam will be expired? Do you know how much we have to pay?

Thanks a lot!!

[Urge To Race 2]

You will send the AOS paperwork to NBC, where they will either send it to your local office for interview or to CSC to be approved without. As a K3, you are likely to be interviewed, so local office is the likely option.

In response to previous questions, the medical must be under 1 year old on the date of the AOS NOA1, and you must be married at least 2 years on the day of approval (interview or approval date without interview or approval after further review after interview, which ever is your case).

We filed soon after my wife's arrival, but hit two years because of delays all around. It took us over 1 year to get the visa (slow petition approvals due to backlogs because of the fee increase and our embassy was slow in scheduling appointments), and then our local office was slow in scheduling our interview. Our interview took place 2 years and 2 months after we were married, even though we never waited more than 1 month to file any petitions.

RichardCarol that was a great question, I forgot about the medical exam part. Hassen (my hubby) had his exam & interview after our 1 year anniversary so if we apply close to our 2 yr anniversary date, were still OK ( i hope).

Lisa - as always gurl - ur the bomb! Thanks for your rapid assistance & knowledge!

Another question: does my local office handle the AOS or does it still have to go to USCIS? I checked the website for my local office & the do handle the AOS but they are currently working on Oct 2008!!!

Well - there is one warning.

If something happens to the petitioner - like death, that could be a problem.....

well yes. god forbid.. but, if it was me and i came to a foriegn country and my spouse died, i would go home to my family and AOS would be the least of my concerns

Hey habibitk, that is the question that I have! We went to USCIS Office and the officer said that to us!! We will have 2 years married in January, so, she sad that we can apply to AOS just near that date. Do you know which date they use? We have to have 2 years and 1 day of married when we are going to apply to AOS or in our AOS interview? DO you know that? Do you know where I can find/confirm this information? Actually, I did my medical exams in my country last january, and I know that they expires in 1 year, right? So, we are confused what is better to do! We want to apply to the 10years green card, but, we dont want to have the medical exams expired!!! Can you help me guys?

The AOS application must be approved after the 2 years anniversary. Approved being the key word. If you apply months before the anniversary and its approved quickly(before your 2yrs) then you'll get the 2 yr conditional card. Yes, the medical exams will have expired, but I think the payoff is worth it

Here's a good place to start studying:

http://74.125.47.132/search?q=cache:wUYRP9...=clnk&gl=us

"Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. For more information, please see How Do I Remove the Conditions on Permanent Resident Based on Marriage?.)"

and in the VJ guides:

http://www.visajourney.com/faq/k3k4visa-aos.html

"14.9)...What is the status of a K3 after approval of Adjustment of Status?

A..If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents. For more information on Conditional Permanent Residence, and the subsequent application for Lifting of Conditions on Conditional Status, see Section 7.0."

Good Luck

editted: btw, ours is in Jan too!

Thank you soooo much!!!

So, will you apply to AOS just in January as well???

We found this information about medical examination:

medical exam‏:

"Q: Do I need to complete another full medical to adjust status?

Per Section 1245.5 in the Code of Federal Regulations, a medical examination shall not be required of an applicant for adjustment of status who entered the United States as a non-immigrant spouse, fiancée, or fiancée of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of 8 CFR chapter I if the applicant was medically examined prior to, and as a condition of, the issuance of the non-immigrant visa; provided that the medical examination occurred not more than 1 year prior to the date of application for adjustment of status."

What do you think?

How much it cost if my medical exam will be expired? Do you know how much we have to pay?

Thanks a lot!!