Few questions on AOS

[SleepyBull 0]

Hi all,

We're nearing the end... sort of. She's coming to the states soon, and we have our wedding date set for June 24th! So I guess the paperwork nightmare will resume. (not complaining tho)

Anyhoo, just few questions on AOS. I'm getting a bit confused reading all the timeline and stuff...

After we get married, we file for AOS. But from what I gather, getting it approved will take 2 years or so. My questions are

1) will they send something back to us after we submit the AOS to indicate that she has in fact filed for AOS?

2) is that enough to prove that she is NOT out of status after K1 expires?

3) what is conditional vs 'real' status? when would one get conditional vs. real status?

Thanks all!

[UmmSqueakster 54]

Hi all,

We're nearing the end... sort of. She's coming to the states soon, and we have our wedding date set for June 24th! So I guess the paperwork nightmare will resume. (not complaining tho)

Congrats on your impending nuptials

Anyhoo, just few questions on AOS. I'm getting a bit confused reading all the timeline and stuff...

After we get married, we file for AOS. But from what I gather, getting it approved will take 2 years or so.

It can. Hanging around here as of late, I'd say a little less than a year is the average. We have our AOS interview in a month, 6 months after we filed the papers.

My questions are

1) will they send something back to us after we submit the AOS to indicate that she has in fact filed for AOS?

2) is that enough to prove that she is NOT out of status after K1 expires?

Yes. They'll send back the NOA1. And, after a few months, she'll get an EAD, which is official, government issued ID. To the educated observer, it's enough to prove status. But, to everyone else, you'll have to explain to them that it's a-ok. We had a hell of a time trying to register our car with an expired I94 and the NOA1.

3) what is conditional vs 'real' status? when would one get conditional vs. real status?

Thanks all!

Someone correct me if I'm mistaken here but:

You'll get a conditional greencard if you've been married for less than 2 years at the time of it's issuance. At your 2 year anniversary, you can apply to lift conditions and get a 10 year green card. If your interview and issuance is after your 2 year anniversary, you get the 10 year card right away. From what I've seen, very few people have to wait that long to get a green card.

[ladybutterfly 0]

1. Yes you will get a NOA, which is very similar to the receipt you got when you submitted the K1 application.

2. Yes, that is enough to prove she is not out of status although you cant just use the receipt to get things like a SSN, get a job or driving license, you will need to wait for the EAD or green card.

3. Conditional means 2 years as opposed to real status meaning ten years.

[Kathryn41 3,205]

Congratulations on nearing the end of your K-1 journey, and also nearing the start of your AOS journey:-).

When you are married and have your official marriage certificate, submit the AOS application along with the supporting documentation listed in the instructions and the form. You can also file for Employment authorization and Advance Parole at the same time, if you wish. When your application is received they will send back a receipt acknowledging receipt of each of the applications submitted. You will later get another letter advising your wife of her biometrics (fingerprint) appointment. The AOS and the employment authorization both require fingerprints.

The speed with which your application is processed depends on the workload at the immigration center in charge of your area. Some are processed very quickly - even before the FBI security checks are finished - and some take much longer- up to and over 2 years.

Once the application is submitted, your wife's status is 'Adjustment applicant'. The easiest way to prove she is legally in the US is to apply for employment authorization. She will receive a card that shows she is entitled to live and work in the US even if she doesn't use it to work.

If you receive your interview for adjustment of status before your 2nd wedding anniversary, then you will receive a 2 year conditional residence and need to file an additional application 1 year and 9 months later to remove the conditions. This is supposed to help discover those who get married just to get a green card rather than have a real relationship. If you don't file to remove the conditional status then your wife will be deemed deportable when the 2 years expire. If you get your AOS interview after your 2nd anniversary then you qualify for unconditional permanent residency which comes with a 10 year card. The residency is permanent but the card needs to be renewed every 10 years if your wife doesn't take out citizenship.

Good luck.

Edited April 24, 2006 by Kathryn41