AOS after 2yrs to bypass conditional GC?

[Zen Den 18]

I have a friend who is about to apply for AOS after 2yrs of mariage to his K1 wife. he was advised it's ok and that she'd get a 10-yr gc if approved. does anyone here know if this advice is accurate?

Edited October 12, 2010 by Zen Den

[Anh map 2,098]

If they have been married for 2 years they ought to get an unconditional GC.

[Brother Hesekiel 2,236]

Yes, if you wait with AOS until you're married for 2 years, she'll get a 10-Year Green Card. She will also wait longer before she can become a US citizen, as the day she becomes a resident (a Green Card), her clock starts ticking.

[HeatDeath 430]

It's not a course of action I would recommend to anyone looking at it. Two years is a long time to live "off the grid". But if they've got this far, they should be fine. They can almost certainly expect an AOS interview, and perhaps some pointed questions about why they waited so long to adjust her status, but there should be no legal obstacle to their being approved at this point, all other things being equal.

[Deputy Purple 1,294]

Might need to file an I-130 also as technically a K-1 is limited to AOS to a conditional greencard but INA states a 10 year greencard will be issued if they have been married for 2 years +.

They can also expect to have a ROC interview (requiring evidence of co-mingling of finances and co-habitation) instead of the regular AOS interview as USCIS will expect then to be more established as a couple.

[Nik+Heather 121]

I respect Jim's opinion quite a lot. Here's what he's said to others asking a similar question:

http://www.visajourney.com/forums/topic/276256-late-to-apply-aos/page__view__findpost__p__4210914

I don't see why this makes sense to any couples to intentionally wait until 2 years are up. It certainly doesn't make economic sense. Surely in 2 years even in a minimum wage, part time job they can earn more than the fees to remove conditions, AND they don't have to be looking over their shoulder for so many months.

[John & Flor 3]

Too much of a risk to wait years before adjusting status. if there happened to be any run-in with immigration officials and they see there was out-of-status for over 6 months, they can deport her and ban entry into the US for several years.

[VanessaTony 3,567]

Too much of a risk to wait years before adjusting status. if there happened to be any run-in with immigration officials and they see there was out-of-status for over 6 months, they can deport her and ban entry into the US for several years.

Actually no.

As the immigrant entered on a K1 and was married in the 90 days she would not be immediately deported or banned.

She would be questioned and most likely detained. She would be put in immigration "jail" until she was able to be put in front of an immigration judge. You can pay bail to get her out of the jail until the hearing (few thousand) and you would also need to pay for an immigration lawyer.

Then once in front of the judge they would see the K1 visa and tell you you have to AOS now. Case dismissed.

If the immigrant did not marry in the 90 days THEN she's deportable but k1's aren't because they have to have the chance to AOS first. If she'd attempted to AOS and was denied she could also be deported then.

[JimVaPhuong 4,863]

Too much of a risk to wait years before adjusting status. if there happened to be any run-in with immigration officials and they see there was out-of-status for over 6 months, they can deport her and ban entry into the US for several years.

DHS policy is NOT to deport someone who appears to be eligible to adjust status, but to allow them instead to apply for AOS. If you had a run-in with CBP or ICE then you could still end up spending a few days in lockup while they try to determine if you're still eligible for AOS. That, combined with the fact that the alien is a non-person in the US while they're out of status, seems like a pretty strong reason to adjust status as soon as possible.

[Zen Den 18]

I respect Jim's opinion quite a lot. Here's what he's said to others asking a similar question:

http://www.visajourney.com/forums/topic/276256-late-to-apply-aos/page__view__findpost__p__4210914

I don't see why this makes sense to any couples to intentionally wait until 2 years are up. It certainly doesn't make economic sense. Surely in 2 years even in a minimum wage, part time job they can earn more than the fees to remove conditions, AND they don't have to be looking over their shoulder for so many months.

maybe it makes economic sense because they would only pay once for the 10-yrGC unlike others who have to pay for the 2-yr gc and then again for the 10-yr one during the ROC. =) and it's perfectly safe for K1 spouses who stay at home most of the time because there's a very slim chance of them being found out to be "out of status". =) i'm just glad they're gonna be fine, for the most part.

thanks for all the input =)

[JimVaPhuong 4,863]

maybe it makes economic sense because they would only pay once for the 10-yrGC unlike others who have to pay for the 2-yr gc and then again for the 10-yr one during the ROC. =) and it's perfectly safe for K1 spouses who stay at home most of the time because there's a very slim chance of them being found out to be "out of status". =) i'm just glad they're gonna be fine, for the most part.

thanks for all the input =)

Under 2 years:

Civil surgeon transcribe vaccines to I-693: ~$75

I-485, I-131, I-765: $1010

After 2 years, I-751: $545

Total: $1630

Wait two years:

Civil surgeon complete physical: ~$250

I-130: $355

I-485, I-131, I-765: $1010

Total: $1615

Looks pretty comparable. What price can you put on being out of status for two years, not being able to travel, and not being able to work?