AOS resulting in 10 year extension on green card

[cometaj 0]

Hello folks,

I was wondering if anybody experienced the same thing. filing for AOS while on green card, what ended up happening, instead of me becoming a full citizen, is them extending/renewing my green card for another 10 years . Am I doing something wrong? What's next?

Regards

cometaj

Edited November 30, 2008 by cometaj

[payxibka 10,047]

Hello folks,

I was wondering if anybody experienced the same thing. filing for AOS while on green card, what ended up happening, instead of me becoming a full citizen, is them extending/renewing my green card for another 10 years . Am I doing something wrong? What's next?

Regards

cometaj

You do not get citizenship unless you are eligible and apply for it... citizenship in not a requirement to live here nor is it automatic...

[TayRivers 4]

Hello folks,

I was wondering if anybody experienced the same thing. filing for AOS while on green card, what ended up happening, instead of me becoming a full citizen, is them extending/renewing my green card for another 10 years . Am I doing something wrong? What's next?

Regards

cometaj

What forms did you file and when? you have not given any clear information for us to be able to give you a reply.

[cometaj 0]

Hello folks,

I was wondering if anybody experienced the same thing. filing for AOS while on green card, what ended up happening, instead of me becoming a full citizen, is them extending/renewing my green card for another 10 years . Am I doing something wrong? What's next?

Regards

cometaj

What forms did you file and when? you have not given any clear information for us to be able to give you a reply.

Yar, sorry about that. It's been awhile and I'm very bad when it comes to remembering dates and events (and of course reverse figuring it out via the paperwork sounds like a mountain of fun, but ya gotta do what ya gotta do; so roughly, here's the path, which was rather eventless).

1- So I came in on a K-1, single entry (06/20/2005)

2- Within the allowed period, I got married to my fiancé on US soil (08/13/2005)

3- Filed Employment authorization I-765, affidavit of support I-864 and I-485 Permanent residence ~(09/2005)

4- Biometrics and doodas, I-485 interview (12/15/2005), Good to go

5- Get a 2 year green card even before I get my work authorization (toss the work authorization) (12/21/05)

6- File I-751 to get conditional status removed from my status 90 days before expiration on green card of 12/21/07 ~(late 09/2007)

7- Conditional resident status is extended 1 year from date of expiration of green card (so I was in limbo without a green card for a bit but with a letter saying I was okay (letter to be used in lieu of green card)) (10/25/2007)

8- I get a notice of appointment for I-751 to have my biometrics taken. I Show up at appointment (01/16/2008)

9- Get my 10 year green card expiring 03/18/2018 (03/21/2008)

That's where I'm at now (8 months later) and haven't heard anything since (which is somewhat expected I guess; if they renew for 10 years, I wouldn't expect things to move fast) and from what I'm gathering, it's now up to me to file in N-400 after 3 years of marriage?. I had in mind that I-751 would remove conditional residency (which in my mind translated to gaining citizenship) but I guess it seems to translate into a 10 year green card.

I just realized something else too; a relative died recently which prompted me to see if I could go back to Canada on my green card alone. I apparently need a passport to get back to US soil; this collaterally led me into the realization that I was supposed to send form AR-11 (change of address) and form I-865 (Sponsor change of address) for my spouse to let the USCIS know that I had moved . Nothing seemed to trigger problems since the letters were correctly redirected to me as I moved from appartment to appartment so it never occured to me that I needed to notify them. so I beleive I received all my information up until now and I have the most important piece (10 year green card). I recently moved into a house with my wife and it is past the alloted time for AR-11 (10 days) and I-865 (30 days) . Will I get in trouble if I file for the change of address now? This process is a pain. It's certainly a deterrent if you're not solidly interrested

Thanks much for the help guys.

Regards

cometaj

Edited November 30, 2008 by cometaj

[Jon&Lindsey 0]

Sounds to me like your process was normal. When you applied to remove conditions, that meant that you were applying for a 10 year non-conditional GC, instead of the conditional GC - this has nothing to do with citizenship. After three years having a GC (not marriage), you can file for citizenship (assuming you meet the requirements for presence in the US etc). Not sure about the address issue, I'm sure someone else will know.

[DanielParul 50]

Sounds like you got what you were eligible for - a 10 year GC. You can apply for citizenship after you've held a GC for 3 years. All the best!

[payxibka 10,047]

After three years having a GC (not marriage), you can file for citizenship (assuming you meet the requirements for presence in the US etc). Not sure about the address issue, I'm sure someone else will know.

oh please... 3 years marriage is definitely required.... without it it is 5 YEARS LPR...

[Jon&Lindsey 0]

After three years having a GC (not marriage), you can file for citizenship (assuming you meet the requirements for presence in the US etc). Not sure about the address issue, I'm sure someone else will know.

oh please... 3 years marriage is definitely required.... without it it is 5 YEARS LPR...

Of course...I was trying to explain that they can apply after 3 years of LPR, not on the third wedding anniversary, which isn't necessarily the same time...they already said they are married.

[cometaj 0]

After three years having a GC (not marriage), you can file for citizenship (assuming you meet the requirements for presence in the US etc). Not sure about the address issue, I'm sure someone else will know.

oh please... 3 years marriage is definitely required.... without it it is 5 YEARS LPR...

Of course...I was trying to explain that they can apply after 3 years of LPR, not on the third wedding anniversary, which isn't necessarily the same time...they already said they are married.

And do you guys know if the GC idea includes the initial conditional permanent residency I got for 2 years (starting 12/2005) or is the GC only considered to be the full non conditional 10 year bit I now fall under (starting 03/2008)?

Regards

cometaj

[Eric-Pris 1,607]

And do you guys know if the GC idea includes the initial conditional permanent residency I got for 2 years (starting 12/2005) or is the GC only considered to be the full non conditional 10 year bit I now fall under (starting 03/2008)?

Yes, everybody who applies for permanent residency, and has been married for less than 2 years, gets a 2yr conditional greencard. Then, 3 months before it expires, you are supposed to apply to "remove conditions" to become a unconditional permanent resident. That's when you get the 10yr greencard.

After having the GC (and being married) for 3 years, you are eligible to apply for citizenship. It is not automatic, nor is it an obligation.

[cometaj 0]

And do you guys know if the GC idea includes the initial conditional permanent residency I got for 2 years (starting 12/2005) or is the GC only considered to be the full non conditional 10 year bit I now fall under (starting 03/2008)?

Yes, everybody who applies for permanent residency, and has been married for less than 2 years, gets a 2yr conditional greencard. Then, 3 months before it expires, you are supposed to apply to "remove conditions" to become a unconditional permanent resident. That's when you get the 10yr greencard.

After having the GC (and being married) for 3 years, you are eligible to apply for citizenship. It is not automatic, nor is it an obligation.

I'm sorry, I wasn't very clear in my previous post. What I meant to ask is: does the conditional Green Card also count towards the 3 years (meaning I would start counting for 3 years from the 12/2005 mark) or does the 3 year mark start only when getting the non conditional GC (meaning I would start counting for 3 years from the 03/2008 mark)?

Regards

cometaj

[payxibka 10,047]

And do you guys know if the GC idea includes the initial conditional permanent residency I got for 2 years (starting 12/2005) or is the GC only considered to be the full non conditional 10 year bit I now fall under (starting 03/2008)?

Yes, everybody who applies for permanent residency, and has been married for less than 2 years, gets a 2yr conditional greencard. Then, 3 months before it expires, you are supposed to apply to "remove conditions" to become a unconditional permanent resident. That's when you get the 10yr greencard.

After having the GC (and being married) for 3 years, you are eligible to apply for citizenship. It is not automatic, nor is it an obligation.

I'm sorry, I wasn't very clear in my previous post. What I meant to ask is: does the conditional Green Card also count towards the 3 years (meaning I would start counting for 3 years from the 12/2005 mark) or does the 3 year mark start only when getting the non conditional GC (meaning I would start counting for 3 years from the 03/2008 mark)?

Regards

cometaj

Legal Permanent Residence is Legal Permanent Residence, regardless if "conditions" are attach.... The only difference is the expiration of the card... All other benefits attach at the time status is granted. The clock begins when you were granted LPR status...

Edited December 1, 2008 by payxibka