Can someone explain how the I-485 and I-751 work?

[EmilyM 0]

hello,

I'm a bit confused by the forms I-485 adjustment of status, and I-751 removal of conditional resident status.

does everyone need to fill out a I-751? or does that only apply to certain people? I was counting up all the fees I'd have to pay in the future and I wasnt sure if I had to fill out an I-751

I read somewhere that if you file for AOS after two years or something you don't need to fill out this form... yet it says to fill out the AOS as soon as possible.

from http://www.visajourney.com/forums/index.ph...amp;page=k1flow :

*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.

Can someone explain this to me?

[wowswift 3]

check out this guide, http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

the I-751 is for removal of conditions on your green card (after 2 years)

[diadromous mermaid 36]

hello,

I'm a bit confused by the forms I-485 adjustment of status, and I-751 removal of conditional resident status.

does everyone need to fill out a I-751? or does that only apply to certain people? I was counting up all the fees I'd have to pay in the future and I wasnt sure if I had to fill out an I-751

I read somewhere that if you file for AOS after two years or something you don't need to fill out this form... yet it says to fill out the AOS as soon as possible.

from http://www.visajourney.com/forums/index.ph...amp;page=k1flow :

*If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.

Can someone explain this to me?

Simply put, a marriage that is less than 2 years in duration at the time the alien receives permanent resident status is subject to another "litmus test" two years hence. In essence, the alien that adjusts status through a young marriage will be awarded residency that is subject to "conditions". "Conditions" that must then be removed by way of filing an I-751 90 days before the green card that has been issued will expire. Alternatively, an alien that has been married more than 2 years at the time adjustment of status from non-immigrant to permanent resident occurs will be awarded a green card that has no conditions, and therefore requires no further action in 2 years. Green cards that are not conditional do, however, expire in 10 years and as such must be renewed.

[EmilyM 0]

thanks for the quick response, I am just wondering if everyone HAS to fill out the I-751 or if there is an exception...

so... they put the conditional removal bit in to thwart people who get married for the wrong reasons? what will happen if I file for AOS after two years go by?

Also, I'm reading here that the fees for the I-131 and the I-765 ($305 and $340) are included in the I-485 price? does that mean if you file those two forms at the same time you still only pay $1010 for it? (instead of $1655). Any insight to that would also be greatly appreciated.

Edited June 5, 2008 by EmilyT

[diadromous mermaid 36]

thanks for the quick response, I am just wondering if everyone HAS to fill out the I-751 or if there is an exception...

so... they put the conditional removal bit in to thwart people who get married for the wrong reasons? what will happen if I file for AOS after two years go by?

Also, I'm reading here that the fees for the I-131 and the I-765 ($305 and $340) are included in the I-485 price? does that mean if you file those two forms at the same time you still only pay $1010 for it? (instead of $1655). Any insight to that would also be greatly appreciated.

In reality it is the other way around. The conditional bit was put in there because there are such visas as the fiance type,and aliens file for AOS and are approved much sooner than in the past. You can wait to file for AOS, but why would you? It's not really an issue to remove conditions these days and aside from the extra filing fee, often many are approved without an interview.

[pushbrk 12,893]

thanks for the quick response, I am just wondering if everyone HAS to fill out the I-751 or if there is an exception...

so... they put the conditional removal bit in to thwart people who get married for the wrong reasons? what will happen if I file for AOS after two years go by?

Also, I'm reading here that the fees for the I-131 and the I-765 ($305 and $340) are included in the I-485 price? does that mean if you file those two forms at the same time you still only pay $1010 for it? (instead of $1655). Any insight to that would also be greatly appreciated.

If you file all three together, you pay only the $1010.

I've never seen anybody recommend a K1 visa holder delay filing AOS long enough to avoid removing conditions and I'm not going to recommend it now either. This will not save you money unless you are willing to not work or leave the US while you're waiting.

My wife, as a K3 however did wait so the adjustment would be completed after the two-year wedding anniversary but we had ten months of that covered by the time she arrived and the fees were all separate anyway at that time. K3 doesn't need AP but does nead EAD.

K1 delaying more than a few months carries the risk the service will consider you have abandoned your intention to become a permanent resident.

[EmilyM 0]

Yeah, I was just curious about it, it seems risky to wait and I do want to work as soon as I can. I was just confused by what the guide had said.

[Dakine 26]

Sooner you get your green card the sooner you get your US citizenship [if you want it] as everything timewise goes by the date on the GC.