Filing of AOS & EAD at the same time

[Brettanne 1]

I got here on a K3 visa last April this year and Im about to file for my AOS together with my EAD. However, I found this statement from the guidelines:

"If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage"

We will be having our 2nd year wedding anniversary on December 2009. My question is, will it be better if I just wait for a few months before our 2nd year anniv. to file for my AOS so we wont be filing for I-751 to remove conditional status anymore and just file for my EAD first? Well I dont have an idea or maybe some of us here knows how long exactly the AOS will be approved thats why I'm a little bit confuse. My visa expires on 2011 anyway. Im not into rush for my AOS, I just want to save some fees and time in filing all this stuff and I dont want to be paying another fee for the I-751 either. Your advice and opinions are highly appreciated. Thanks!

[rebeccajo 14]

I got here on a K3 visa last April this year and Im about to file for my AOS together with my EAD. However, I found this statement from the guidelines:

"If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage"

We will be having our 2nd year wedding anniversary on December 2009. My question is, will it be better if I just wait for a few months before our 2nd year anniv. to file for my AOS so we wont be filing for I-751 to remove conditional status anymore and just file for my EAD first? Well I dont have an idea or maybe some of us here knows how long exactly the AOS will be approved thats why I'm a little bit confuse. My visa expires on 2011 anyway. Im not into rush for my AOS, I just want to save some fees and time in filing all this stuff and I dont want to be paying another fee for the I-751 either. Your advice and opinions are highly appreciated. Thanks!

File the EAD now and file for adjustment of status shortly after your second anniversary.

Your K3 status is good for two years from the date on your I94. In other words, you run no risk of being out of status or accumulating overstay by delaying your adjustment.

[YuAndDan 153]

Filing AOS close to 2 years of marriage and having it approved after 2 years of marriage will save you from having to pay $500 + to remove conditions on a 2 year green-card.

[eau_xplain 2]

I got here on a K3 visa last April this year and Im about to file for my AOS together with my EAD. However, I found this statement from the guidelines:

"If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage"

We will be having our 2nd year wedding anniversary on December 2009. My question is, will it be better if I just wait for a few months before our 2nd year anniv. to file for my AOS so we wont be filing for I-751 to remove conditional status anymore and just file for my EAD first? Well I dont have an idea or maybe some of us here knows how long exactly the AOS will be approved thats why I'm a little bit confuse. My visa expires on 2011 anyway. Im not into rush for my AOS, I just want to save some fees and time in filing all this stuff and I dont want to be paying another fee for the I-751 either. Your advice and opinions are highly appreciated. Thanks!

File the EAD now and file for adjustment of status shortly after your second anniversary.

Your K3 status is good for two years from the date on your I94. In other words, you run no risk of being out of status or accumulating overstay by delaying your adjustment.

[Reba 2]

But may result in the need for a second medical exam, therefor any money saved by not having to remove conditions in 2 years, is taken up by having to have another medical. Plus, there's a $300+ fee for the EAD if applied for separately from AOS.

Six of one, half dozen of another. Your choice.

[rebeccajo 14]

But may result in the need for a second medical exam, therefor any money saved by not having to remove conditions in 2 years, is taken up by having to have another medical. Plus, there's a $300+ fee for the EAD if applied for separately from AOS.

Six of one, half dozen of another. Your choice.

I agree on the money bit.

I wouldn't make the choice based on saving dollars. I'd make the choice based upon going under the USCIS microscope once rather than twice.

[Brettanne 1]

Thank you guys. I will just do some calculations and make a reasonable choice. God Bless!

[YuAndDan 153]

But may result in the need for a second medical exam, therefor any money saved by not having to remove conditions in 2 years, is taken up by having to have another medical. Plus, there's a $300+ fee for the EAD if applied for separately from AOS.

Six of one, half dozen of another. Your choice.

True, this is why I usualy say delay filing I-485 until as close to 2 years of marriage, but not more than 1 year after visa medical.