over a year in USA but didn't have GC

[sj5 4]

a friend of mine arrived in US around dec 2006 and got married last Jan 2007. after few months she submitted her AOS and USCIS rejected it because of wrong filing. now they're going to use a lawyer for AOS. now this is my questions:

1.) is it better for her to wait until their 2nd wedding anniversary so she will have unconditional greencard or she must do it now?

[sj5 4]

I get idea on this : Some of you may be CONDITIONAL RESIDENTS. This page applies equally to you while you are in conditional resident status. The difference between you and an unconditioned permanent resident is that your permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. Those of you with conditional permanent residence either received your residence through a marriage relationship where the marriage was less than two years old at the time you became a Permanent Resident, or you received that status through an investment as an employment creation immigrant (EB-5). If you successfully petition for removal of the condition on your immigration status, this page will still apply to you as a Permanent Resident.

[Otto 83]

Is it 'better' for your friend to be out of status for another year in order to get a 10-year GC vs a 2-year (conditional) GC?

If by better you simply mean 'won't have to file for lifting of conditions about 22 months after receiving the conditional GC' then I guess so Otherwise what's better for me may not be better for your friend and would only be an opinion from my perspective (for me, and I suspect for most, it would not be better).

[Joyce 0]

a friend of mine arrived in US around dec 2006 and got married last Jan 2007. after few months she submitted her AOS and USCIS rejected it because of wrong filing. now they're going to use a lawyer for AOS. now this is my questions:

1.) is it better for her to wait until their 2nd wedding anniversary so she will have unconditional greencard or she must do it now?

base on my experience... I was here July 2005 then we try to file my AOS 2006 of march but we hold our paper work coz they want me to have Xray for my medical, Im pregnant I say no i'll wait till our baby born,our baby born Oct 2006 then we start filing my paper like month of march 2007, We live in Tucson Az before and now where here in COLORADO so sept 2007 is our interview in tucson so we need to transfer our paper work here in colorado so we wait another 2 months for our interview ... finally Dec 2007 I got approve they gave me 10 years because I am married for more than 2 years... yes I save money but without GC ...I cant work I cant travel I cant drive... in a short sentence "its ok" if she can wait till the 2nd year anniversary it wont hurt her... coz in my case I haven't have a GC for 2 1/2 years then because of our ralationship is already more than 2 years they gave me 10 years...( she might get her medical updated too)

P.s us long she wont travel out of the USA she is fine...

Edited January 5, 2008 by Joyce

[sj5 4]

a friend of mine arrived in US around dec 2006 and got married last Jan 2007. after few months she submitted her AOS and USCIS rejected it because of wrong filing. now they're going to use a lawyer for AOS. now this is my questions:

1.) is it better for her to wait until their 2nd wedding anniversary so she will have unconditional greencard or she must do it now?

base on my experience... I was here July 2005 then we try to file my AOS 2006 of march but we hold our paper work coz they want me to have Xray for my medical, Im pregnant I say no i'll wait till our baby born,our baby born Oct 2006 then we start filing my paper like month of march 2007, We live in Tucson Az before and now where here in COLORADO so sept 2007 is our interview in tucson so we need to transfer our paper work here in colorado so we wait another 2 months for our interview ... finally Dec 2007 I got approve they gave me 10 years because I am married for more than 2 years... yes I save money but without GC ...I cant work I cant travel I cant drive... in a short sentence "its ok" if she can wait till the 2nd year anniversary it wont hurt her... coz in my case I haven't have a GC for 2 1/2 years then because of our ralationship is already more than 2 years they gave me 10 years...( she might get her medical updated too)

P.s us long she wont travel out of the USA she is fine...

Thank you so much.

[Cécy 44]

Do you know what visa your friend came in with? Because that makes a difference on what is best to do.

[bradcanuck 1]

Do you know what visa your friend came in with? Because that makes a difference on what is best to do.

That's correct, that makes ALL of the difference. If it was a visitor, she/he will be out of status real fast.

[sj5 4]

Do you know what visa your friend came in with? Because that makes a difference on what is best to do.

She is on fiancee visa K1 arrived last dec 2006 then got married last Jan 2007. Most fiance(e) visa-K1 has conditional greencard if they apply before of 2nd anniversary wedding.

Edited January 11, 2008 by SJ

[sereia 0]

my friend and her foreign husband didn't apply until after two years (he didn't mind not leaving the country for that period of time) and he by-passed all the temporary stuff! if she can stay put and doesn't need to work i would wait too!

[sj5 4]

my friend and her foreign husband didn't apply until after two years (he didn't mind not leaving the country for that period of time) and he by-passed all the temporary stuff! if she can stay put and doesn't need to work i would wait too!

Thanks much....

[sj5 4]

Karin und Otto, thanks.. she entered on Fiancee visa-K1..

[pj1959us 0]

Someone who waits for AOS is leaving themselves in a very precarious position if they wait just to avoid the hassle or fees of lifting conditions on a conditional green card. No one likes to think of it but what if something happens to the USC or their marriage in the meantime? I certainly wouldn't want to leave myself in such an unstable position since it would be nigh impossible to adjust status should anything happen, not to mention being "trapped" because of a lack of EAD or AP. That in itself would hinder adjusting to one's new life here if nothing else.

PJ

[Cécy 44]

All right. Now that we know what visa she entered with it makes it a lot easier. What matters with the k1 is to marry within the 90 days, which they did, so they followed their contract to USCIS.

Now if they'd rather wait for the 2 years they can because she is here legally, out of status but that isn't much of a problem by itself.

The thing they have to consider is what is more important for them? To skip the step where you have the conditions removed from the GC or to be able to work and travel?

Personally I would think that the money you'll make working in the next year or so out weights getting the 10 year green card. But that's a personal opinion. Add to it that being able to work allows you not get get nuts from being stuck at home.

An other aspect if she is interested in applying for citizenship is that you can apply 3 years after being approved for the GC (the 2 years or the 10 years one). So waiting to apply for the GC also delays that.

In any case, even if it's better to apply as soon as possible (because it does take a while to get documents processed) they can legally wait.

[sj5 4]

All right. Now that we know what visa she entered with it makes it a lot easier. What matters with the k1 is to marry within the 90 days, which they did, so they followed their contract to USCIS.

Now if they'd rather wait for the 2 years they can because she is here legally, out of status but that isn't much of a problem by itself.

The thing they have to consider is what is more important for them? To skip the step where you have the conditions removed from the GC or to be able to work and travel?

Personally I would think that the money you'll make working in the next year or so out weights getting the 10 year green card. But that's a personal opinion. Add to it that being able to work allows you not get get nuts from being stuck at home.

An other aspect if she is interested in applying for citizenship is that you can apply 3 years after being approved for the GC (the 2 years or the 10 years one). So waiting to apply for the GC also delays that.

In any case, even if it's better to apply as soon as possible (because it does take a while to get documents processed) they can legally wait.

You have very good point too. I do worry a little about her situation.