Timeframe to file I751 if married 2+ years before AOS?

[Roman371 0]

Is it true the if we were married more than 2 years at the time of AOS approval (green card), that we do not need to wait 2 years to file the I751? My wife is here on a K-1 Visa, and her AOS date was 25 months after we were married.

If I do not need to wait, do I simply file the I751 now and she gets the 10 year green card unconditionally?

Thanks very much.

[sparkofcreation 0]

Is it true the if we were married more than 2 years at the time of AOS approval (green card), that we do not need to wait 2 years to file the I751? My wife is here on a K-1 Visa, and her AOS date was 25 months after we were married.

If I do not need to wait, do I simply file the I751 now and she gets the 10 year green card unconditionally?

Thanks very much.

If you were married more than two years when AOS is approved (date the first green card is issued), she should get the 10-year green card automatically and she will never need to file the I-751. (However, at their discretion, the USCIS can issue a two-year green card instead, in which case she would file the I-751 one year and nine months later.)

Just to be clear: it took 25 months from your marriage until the date your AOS was approved?

Edited to add: If the I-751 needs to be filed, the immigrant files it, although the US citizen spouse needs to sign as well. But it's the immigrant's petition, not the USC's.

Edited March 20, 2006 by sparkofcreation

[zyggy 9]

Is it true the if we were married more than 2 years at the time of AOS approval (green card), that we do not need to wait 2 years to file the I751? My wife is here on a K-1 Visa, and her AOS date was 25 months after we were married.

If I do not need to wait, do I simply file the I751 now and she gets the 10 year green card unconditionally?

Thanks very much.

If you were married more than two years when AOS is approved (date the first green card is issued), she should get the 10-year green card automatically and she will never need to file the I-751. (However, at their discretion, the USCIS can issue a two-year green card instead, in which case she would file the I-751 one year and nine months later.)

Just to be clear: it took 25 months from your marriage until the date your AOS was approved?

Edited to add: If the I-751 needs to be filed, the immigrant files it, although the US citizen spouse needs to sign as well. But it's the immigrant's petition, not the USC's.

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

[Roman371 0]

Thank you both for the replies, I will setup an infopass appointment to see about shaving some time off the process.

[meauxna 15]

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

zyggy,

Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment.

OP: how long is your wife's Green Card valid for?

Did you read the pinned post at the top of this forum?

How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years.

[Roman371 0]

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

zyggy,

Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment.

OP: how long is your wife's Green Card valid for?

Did you read the pinned post at the top of this forum?

How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years.

Thanks for the replies, here is a rough timeline...

12/31/02 married in US

07/03 AOS interview

10/03 AOS followup interview

01/12/05 Green card issued, expires 01/12/07

Now... waiting to file I751

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

[diadromous mermaid 36]

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

zyggy,

Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment.

OP: how long is your wife's Green Card valid for?

Did you read the pinned post at the top of this forum?

How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years.

Thanks for the replies, here is a rough timeline...

12/31/02 married in US

07/03 AOS interview

10/03 AOS followup interview

01/12/05 Green card issued, expires 01/12/07

Now... waiting to file I751

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated).

[zyggy 9]

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

zyggy,

Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment.

OP: how long is your wife's Green Card valid for?

Did you read the pinned post at the top of this forum?

How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years.

Thanks for the replies, here is a rough timeline...

12/31/02 married in US

07/03 AOS interview

10/03 AOS followup interview

01/12/05 Green card issued, expires 01/12/07

Now... waiting to file I751

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated).

If the GC expires 1/12/07 Then the resident since must be 1/12/05, right?

[diadromous mermaid 36]

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

zyggy,

Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment.

OP: how long is your wife's Green Card valid for?

Did you read the pinned post at the top of this forum?

How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years.

Thanks for the replies, here is a rough timeline...

12/31/02 married in US

07/03 AOS interview

10/03 AOS followup interview

01/12/05 Green card issued, expires 01/12/07

Now... waiting to file I751

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated).

If the GC expires 1/12/07 Then the resident since must be 1/12/05, right?

Yes, but is issue date and approval date the same?

[Roman371 0]

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

zyggy,

Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment.

OP: how long is your wife's Green Card valid for?

Did you read the pinned post at the top of this forum?

How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years.

Thanks for the replies, here is a rough timeline...

12/31/02 married in US

07/03 AOS interview

10/03 AOS followup interview

01/12/05 Green card issued, expires 01/12/07

Now... waiting to file I751

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated).

If the GC expires 1/12/07 Then the resident since must be 1/12/05, right?

Yes, but is issue date and approval date the same?

Yes, the approval date is 1/12/05, thanks.

[diadromous mermaid 36]

That would depend if your status is CR-1 or IR-1.

However, the law is clear, if the individuals were married for more than two years at the time the Permanent Resident Status was issued, the status should automatically be IR-1. The adjudicator has no discretion on this issue.

The time when it can slip through the cracks is if the interview was performed before the two year anniversary and the Permanent Resdient status was approved after the two year anniversary. In this case, the individual should make an Infopass appointment to take steps to change their status from CR-1 to IR-1.

zyggy,

Folinskyinla has reminded us that there are some DAOs who interpret the law as stating that ALL K-1s get conditions regardless of the length of the marriage at adjustment.

OP: how long is your wife's Green Card valid for?

Did you read the pinned post at the top of this forum?

How will an InfoPass appointment shave any time off the I-751 application for you? The I-751 laws do clearly state that the immigrant must be a Permanent Resident for 2 years before the conditions can be lifted. If you have conditions on the residency, it doesn't matter how long you've been married, they can not be lifted until she has been a PR for 2 years.

Thanks for the replies, here is a rough timeline...

12/31/02 married in US

07/03 AOS interview

10/03 AOS followup interview

01/12/05 Green card issued, expires 01/12/07

Now... waiting to file I751

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

The critical element missing from your timeline is the date the PR was approved. If you received approval for adjustment of status prior to your 2 year wedding anniversary, then the conditional GC is issued (barring any alternative interpretation of a K-1, as meauxna stated).

If the GC expires 1/12/07 Then the resident since must be 1/12/05, right?

Yes, but is issue date and approval date the same?

Yes, the approval date is 1/12/05, thanks.

I-751 can be submitted 90 days prior to the expiry date on the conditional green card. In your case, 90 dyas prior to Jan 12, 2007.

[hcj 0]

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

Some people have made INFOPASS appointments to make the argument that they should have gotten a ten year card instead of a two year card, because LPR was granted when they had been married for longer than 2 years. Some have been successful, some have not. As Meauxna mentioned, some DOs take the view that all K-1s should receive the conditional card regardless of how long the couple had been married at the time of AOS approval.

In every case that I've heard of, they went immediately upon receiving the "wrong" card and did not wait over 1 year before addressing the issue. Not sure if that would make a difference but just wanted to include the info.

Would it be a wasted trip? Maybe, maybe not. If you don't mind taking the time off, you can go there and make the argument. Of course, it may be simpler to just file I-751 when the time comes. I guess it depends on whether you'd rather spend a day at USCIS arguing and possibly not getting anything for it, or spend a day preparing your I-751 packet at the end of this year, and paying the $205 filing fee.

In either case, she would be eligible for naturalization in January 2008.

[Roman371 0]

I read somewhere that if the greencard is issued more that 2 years after marriage, you can get immediate IR status, and not need the I751. That is why I was thinking infopass. Would this be a wasted trip?

Thank you.

Some people have made INFOPASS appointments to make the argument that they should have gotten a ten year card instead of a two year card, because LPR was granted when they had been married for longer than 2 years. Some have been successful, some have not. As Meauxna mentioned, some DOs take the view that all K-1s should receive the conditional card regardless of how long the couple had been married at the time of AOS approval.

In every case that I've heard of, they went immediately upon receiving the "wrong" card and did not wait over 1 year before addressing the issue. Not sure if that would make a difference but just wanted to include the info.

Would it be a wasted trip? Maybe, maybe not. If you don't mind taking the time off, you can go there and make the argument. Of course, it may be simpler to just file I-751 when the time comes. I guess it depends on whether you'd rather spend a day at USCIS arguing and possibly not getting anything for it, or spend a day preparing your I-751 packet at the end of this year, and paying the $205 filing fee.

In either case, she would be eligible for naturalization in January 2008.

Thank you all for the feedback. I have a good understanding of where we are at. Thanks