AOS - is it necessary

[DavenRoxy 1,073]

I am curious as to what happens if a couple does not obtain an AOS?

Say she comes to the US and gets married within 90 days, but then does nothing to complete an AOS. Is she deportable, and if so, after how long?

Let's say she applies for an AOS... what exactly does it mean once conditions are lifted?

How does this differ from, or is it just a step in the process of, getting a green card?

This may be answered with the above, but in case it it not... AOS vs. no AOS... how will it affect her coming back to the US if she travels to the Philippines.

I ask these questions because there is a good chance that she will get here, get married, then I will retire and move to the PI in just over 2 years. Obviously, if she never tries to come back to the US, it's a non-issue. But will an AOS process take 2 years? I hear some can. And if we move to the PI in about 2 years, I am guessing she won't be able to get a greencard, based on time spent in the US?

Just curious, trying to see if it makes more sense to move to the PI in 2 years, or stick around in the US for more interviews and money spent buying the rights for her we take for granted daily.

Thanks!

[Harpa Timsah 13,258]

AOS is getting a greencard. If you do not file for her Greencard, she cannot work, she cannot travel, she cannot do much of anything. She will be out of status and could be locked up in a detention. She won't be deported, but they would order her to file for AOS. If she doesn't file for AOS, then if she leaves she won't becoming back anytime soon - you'd have to file for a spousal visa which takes a year.

Do the right thing and get her her greencard. It takes a 3-5 months to get it. Then she can travel and work and drive and live a real life. In two years, you will remove conditions on it, but she has no different rights before or after that, just that she will renew her GC in a different way after that.

Please read the guides about the process. Good luck.

[Messybrownhair 251]

Why don't you complete the process: Aos, roc and naturalization. Takes 3-4 years if you stay married. Once she gets her citizenship you are free to.come and go with no conditions/ limits. To live out of status is no fun!

[DavenRoxy 1,073]

Why don't you complete the process: Aos, roc and naturalization. Takes 3-4 years if you stay married. Once she gets her citizenship you are free to.come and go with no conditions/ limits. To live out of status is no fun!

So doing the AOS/ROC process is actually getting the greencard, gotcha. (Above says 3-5 months, but I have read of it taking up to two years for some.)

And naturalization would then be getting citizenship, correct? Guess I need to look into dual citizenship rules for America/Phil. The only real reason I see for not doing this is that we may not be in the US long enough to qualify, unless our marriage qualifies her regardless of living location (if we do retire in the PI in 2013).

Not trying to get out of anything here, just want to know what the pros/cons, and time lines are for each step.

Thanks for the replies!

[DavenRoxy 1,073]

AOS is getting a greencard. If you do not file for her Greencard, she cannot work, she cannot travel, she cannot do much of anything. She will be out of status and could be locked up in a detention. She won't be deported, but they would order her to file for AOS. If she doesn't file for AOS, then if she leaves she won't becoming back anytime soon - you'd have to file for a spousal visa which takes a year.

Do the right thing and get her her greencard. It takes a 3-5 months to get it. Then she can travel and work and drive and live a real life. In two years, you will remove conditions on it, but she has no different rights before or after that, just that she will renew her GC in a different way after that.

Please read the guides about the process. Good luck.

Thank you. I have read about HOW to accomplish AOS, just didn't understand the implications of not getting it, and now that I know, realize it is crucial, and we will do it, as soon as we are married. So once she gets her green card, and we move to the PI, will she be able to travel back and forth to visit my family with just that and her passport?

Her passport is issued in the PI, obviously. Can she get a US passport with just a green card, or does that require naturalization/citizenship?

[Ning 619]

Thank you. I have read about HOW to accomplish AOS, just didn't understand the implications of not getting it, and now that I know, realize it is crucial, and we will do it, as soon as we are married. So once she gets her green card, and we move to the PI, will she be able to travel back and forth to visit my family with just that and her passport?

Her passport is issued in the PI, obviously. Can she get a US passport with just a green card, or does that require naturalization/citizenship?

The green card nakes her a legal permanent resident of the USA. That means that she resides here not the PI. She can travel back & forth but must retain her residence here & not be seen as a actual resident of the PI. She must not stay outside the USA for extended periods of time or chance losing her G Card. That will be determined by the dates of entry in her passport.

When she first enters the USA she has a certian legal status for a known period of time. The AOS ( adjustment of status ) is used to change that status to a more permanent status. The AOS process takes about one year not 3 to 4 months & not 2 years. That inital G Card will have a life of 2 years. She then applies for another card with a 10 year life which is the removal of conditions ( ROC ).

If you havent filed for a K 1 you could consider going to the PI to marry & then file for a C R 1 spousal visa which allows her a green card upon entry. The wait for the C R 1 is not much longer than a K 1 anyway.

However due to your retirement plan you should consider all the facts before you proceed. A green card is expensive & she will lose it fairly quickly if you dont change your planning.

Only a U S citizen can have a U S passport.

Edited July 2, 2011 by Ning

[VanessaTony 3,567]

Thank you. I have read about HOW to accomplish AOS, just didn't understand the implications of not getting it, and now that I know, realize it is crucial, and we will do it, as soon as we are married. So once she gets her green card, and we move to the PI, will she be able to travel back and forth to visit my family with just that and her passport?

Her passport is issued in the PI, obviously. Can she get a US passport with just a green card, or does that require naturalization/citizenship?

Okay I'll explain a little bit more.

K1 visa means marry in 90 days. File AOS asap (but there is no deadline). If married less than 2 years when GC received then 2-year conditional GC is given. ROC (Removal of Conditions) needs to be filed 90 days before the card expires and means she will get a 10 year card once approved. Her GC (both 2 and 10 year) will have a "resident since" date on it. If she's still married to you 3 years (minus 90 days) from that date she can apply for USC. The Philippines has no issue with dual citizenship and neither does the US.

So if you AOS on a K1 visa, under 2 years married = 2 year conditional GC. The "conditional" part is her marriage to you. Her conditional card expires in 2 years from when it's issued and the expiry date is on the card. 90 days before the expiration date she MUST file ROC otherwise her status is abandoned. If you go to the Philippines before the ROC time then she can just give up her greencard at the embassy in the Philippines.

She cannot use the GC to "visit" the US. If she's not a permanent resident she must give it up or she could find herself trying to enter the US and denied entry and her status revoked. She obviously cannot get a US passport unless she is a US citizen which won't happen until (and if) she naturalises.

It is VERY rare for AOS to take 2 years. I've read about it once but that was the filers fault I believe. AOS is around 3-5 months.

You will need to decide if you can put off retiring for a year or two, or at least put off leaving the US permanently till your fiance (then wife) has naturalised. It will make life a LOT easier on the both of you being able to travel back and forth without issue. She can still visit the Philippines but there are residency requirements to get USC. I personally think it's worth the wait for the ease of travel later in life, but it's your choice. Mine is already made. I ROC next year in April 2012 (or start the process) and become eligible for USC April 2013. I've been here since Sept 2009 so it isn't EXACTLY 3 years for me because I had to wait to file AOS for personal reasons (6 months) and because of the waiting time for AOS (3 months for me).

The green card nakes her a legal permanent resident of the USA. That means that she resides here not the PI. She can travel back & forth but must retain her residence here & not be seen as a actual resident of the PI. She must not stay outside the USA for extended periods of time or chance losing her G Card. That will be determined by the dates of entry in her passport.

When she first enters the USA she has a certian legal status for a know period of time. The AOS ( adjustment of status ) is used to change that status to a more permanent status. The AOS process takes about one year not 3 to 4 months & not 2 years.

If you havent filed for a K 1 you could consider going to the PI to marry & then file for a C R 1 spousal visa which allows her a green card upon entry. The wait for the C R 1 is not much longer than a K 1 anyway.

However due to your retirement plan you should consider all the facts before you proceed. A green card is expensive & she will lose it fairly quickly if you dont change your planning.

Only a U S citizen can have a U S passport.

AOS does NOT take one year!! AOS take 3-5 months. It WAS taking 7 months for a while there because of the Haiti stuff but 1 year is a total lie. The only reason it would take a year would be because the FILER has stuff up, not USCIS. Have you filed AOS yet? Your timeline says no.

Edited July 2, 2011 by Vanessa&Tony

[Julie y Pat 67]

After a certain amount of time living in PI, she will eventually be seen as having abandoning her permanent residency and can be denied entry to the US. She will also likely have a more difficult time getting a tourist visa being married to a US citizen, even when you are both living in PI. With naturalization and a US passport, the only time you would have to go to the embassy in PI would be for a CRBA! A US passport may also make it easier for you and your wife to travel to other countries on vacation.

[tallcoolone 102]

For AOS you will not have to do anymore interviews (As a general Rule), Just payments and paperworks.

After you get married you send in her AOS and she will get a Conditional 2 year GreenCard.

Then 90 days window before her 2 year Conditional GreenCard Expires, you do AOS again and get a 10 year greencard.

As far as getting her a US passport she will have to become a US Citizen and that takes her being in the USA for 3 years on marriage visa.

US will not recoginize Dual Citizenship for her.

Wheter she needs to become a US Citizen is up to you, She looses some rights in PI if she becomes a US Citizen. But she also gains some rights if she becomes US Citizen. She can apply in PI for dual Citizenship, but US won't recoginze it.......

Great plan to retire in Philippines......

[tallcoolone 102]

Just curious, trying to see if it makes more sense to move to the PI in 2 years, or stick around in the US for more interviews and money spent buying the rights for her we take for granted daily.

In your case you might just be better getting you girl over her and getting married and not worry spending all the extra money and hassle of AOS paperwork since you will be going back to PI in a couple of years.

[Brit Abroad 166]

A green card is a resident's card. For that you need to maintain residence in the US.

Check out the timelines for the various processes involved, and I think it will give you a better idea of what your future plans could/should look like, in order to make your joint future a lot less troublesome moving between two countries.

AOS - is done immediately after marriage. This is the green card application that confirms you have fulfilled the terms of your fiancee visa and married within the 90 days allotted after entry. This results in a resident's card (green card) being issued for 2 years, but it has conditions.

ROC - applied for 90-days short of 2 years of issue of the conditional resident's card. Once this is approved, a 10 year resident's (green) card is issued. While many people believe they can move between another country and the US freely with this, it is still necessary that a permanent residence is maintained (and lived in) for a significant portion of the year in order to maintain residency, otherwise it can be considered abandoned by USCIS.

Naturalization - the process of becoming a US citizen. This can be applied for after 3 continuous years of marriage, provided the residency requirement has been met. Only once an LPR has been naturalized can they apply for a US passport.

You might want to check what period of absence qualifies as abandonment of LPR status. Couple of links from reputable websites are:-

Visalaw

Laura Devine

KlaskoLaw

If you intend leaving before your then-wife gets her citizenship, you may end up choosing to file for a multi-entry visitor visa for trips to visit family here in the US if you reside abroad.

Good Luck with your process and the tough decisions on the way forward.

Edited July 2, 2011 by Brit Abroad

[VanessaTony 3,567]

Quite harsh, don't you think? I have also never seen a k1 Aos process take longer than 6 months at most. The average is 3-4 months.

He's been reported for it which is why I won't quote him.

I stand by what I said, it's SUPPOSED to only take 6 months max but it was only 3 months for a long time and then the Haiti stuff made it 7+ months and now it's quicker again (yay Messy for your short approval time ). Any time it's more than the average it's because 1. Of something like Haiti, 2. Because the filer has done something wrong to create RFE's or 3. USCIS has dropped the ball. It's normally 2. For the abusive poster above to have taken a year and everyone they know is an anomaly, not the norm and they shouldn't post as such.. especially when they claim that 3-4 months "won't happen". Sorry but it's "the norm" :S Rude git.

[Ban Hammer 13,334]

one post removed, along with two quoting. member thread banned and additional admin action requested.

additional note - aos can take a year, like it did for nessa. i suspect they misplaced her file and the only reason it was found was we made an inquiry upon nessa's second biometrics.

lo and behold, she had her aos approval in less than two weeks after the kc office sent an inquiry.

Edited July 2, 2011 by charles!

[sunandmoon 450]

For AOS you will not have to do anymore interviews (As a general Rule), Just payments and paperworks.

not necessarily. it's probably more like 50/50 for an interview for AOS. if your case is transferred to a service center, then it's likely that you will not have an interview.

Edited July 3, 2011 by sunandmoon

[tallcoolone 102]

not necessarily. it probably more like 50/50 for an interview for AOS. if your case is transferred to a service center, then it's likely that you will not have an interview.

Wrong,

I know a half a dozen couples that we are friends with, None of them had to do another Interview after the initial interview in Manila. they are all K1 Visas