Adjustement of status questions

[iuliana 0]

Hello everybody, Happy new years!!

I was reading about the AOS, and i didn't understand something:

Since we are married for 3 years, but I in the US with a k3 from 2 month ago, does that mean that when we will adjust my status, it won't be for 2 years, but for 10???

maybe I didn't understand it correctly...???

That means that we won't have to do ''something'' after 2 years...filling documents, fees, etc??

Thank you!!

[trillium13 84]

Since we are married for 3 years, but I in the US with a k3 from 2 month ago, does that mean that when we will adjust my status, it won't be for 2 years, but for 10???

Thank you!!

If you've been married for more than 2 years you will get an unconditional, 10 year GC when you adjust.

[iuliana 0]

This would be great!!!

thank you very much!!

P.S. Are you sure????

Are the fees different for this, or same as for the one for 2 years?

Where can i read about this?

[Anh map 2,098]

This would be great!!!

thank you very much!!

P.S. Are you sure????

Are the fees different for this, or same as for the one for 2 years?

Where can i read about this?

AOS fees are the same.

[Kathryn41 3,205]

As part of the process to combat marriage fraud, USCIS has determined that all individuals who apply to adjust status from a non-immigrant visa (K visas are considered non-immigrant) to permanent resident status based upon marriage to a US citizen and who have been married for less than 2 years when their application to adjust status is approved will receive a permanent residence status that is only valid for 2 years. This 2 year status is considered conditional pending the approval of an application to remove those conditions that includes evidence to show that this is a valid marriage and not one entered into only to gain immigration benefits. It doesn't matter if you are applying from an initial K-1 status, K-3 status, visitor status, work status or student status - all green cards approved when the marriage is less than 2 years old will be conditional. Once the applicant has proved to USCIS satisfaction that the marriage is 'real', they will be issued a green card with a 10 year validity. Their permanent resident status, however, is good for life - it is the card only that expires.

If when the AOS application is approved the marriage is already more than 2 years old, then the applicant doesn't need to prove that the marriage is valid. USCIS accepts that any marriage that has already survived 2 years is most likely a valid marriage and not a 'green card' marriage. Such applicants will receive life time permanent resident status and a ten year green card right away.

The AOS fees are the same whether you get a 2 year or a 10 year card. If you get a 2 year card, though, there is another application that needs to be filed just before those 2 years are up and there is an additional fee for that. As you have already been married 3 years and are still waiting for your green card, when it arrives it will be good for 10 years - you won't have to worry about removing conditions.

Here is information about Removal of Conditions from the USCIS website - it explains the differences: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

Edited January 2, 2010 by Kathryn41