Going to file aos after 1 1/2 years since hubby got here

[beppo 8]

You're right that they might be better off waiting and filing with the I-130, but they CAN be issued a conditional greencard even if they have been married 2 years. Your statement that he cannot get a conditional greencard is incorrect. Here is someone on VJ who was married over 2 years but who got a 2-year GC because they were basing their I-485 off of the original I-129F: http://www.visajourney.com/forums/topic/276256-late-to-apply-aos/page__p__4210223#entry4210223

Like me, I was advised by VJ members to hang on and wait to file my AOS until my 2 year marriage came. When we went to the interview, the IO said we didn't need to file the I-130, all that was needed was the I-485 and I-765. I got approved for a 10 GC. Even though we spent the extra money spending on the I-130 it wasn't a big deal on doing so.

[Deputy Purple 1,294]

Like me, I was advised by VJ members to hang on and wait to file my AOS until my 2 year marriage came. When we went to the interview, the IO said we didn't need to file the I-130, all that was needed was the I-485 and I-765. I got approved for a 10 GC. Even though we spent the extra money spending on the I-130 it wasn't a big deal on doing so.

It's a good thing you did file the I-130, by the law a 10 year greencard cannot be issued for someone adjusting status based on K-1 entry. IOs are known to make mistakes. I've seen a few threads on VJ where the member was confused because either they were told at the interview that they needed an I-130 due to the delay in filing or after the interview was approved they received notice that they needed an approved I-130 petition before a greencard could be issued.

I will point to JimVaPhoung's response in the same thread that was already pointed-out.

If you spend the $420 then you have everything in place for the 10 year greencard which is cheaper than ROC in 2 years and means no more worrying about USCIS until naturalization.

But then there's what I always say: Why not error on the side of caution when it's life critical things like the immigration status of our self or our spouse?

I mean if it can "go either way" then what's the harm in nudging it in our favor?

Edited July 21, 2011 by Bob 4 Anna

[beppo 8]

It's a good thing you did file the I-130, by the law a 10 year greencard cannot be issued for someone adjusting status based on K-1 entry. IOs are known to make mistakes. I've seen a few threads on VJ where the member was confused because either they were told at the interview that they needed an I-130 due to the delay in filing or after the interview was approved they received notice that they needed an approved I-130 petition before a greencard could be issued.

I will point to JimVaPhoung's response in the same thread that was already pointed-out.

If you spend the $420 then you have everything in place for the 10 year greencard which is cheaper than ROC in 2 years and means no more worrying about USCIS until naturalization.

But then there's what I always say: Why not error on the side of caution when it's life critical things like the immigration status of our self or our spouse?

I mean if it can "go either way" then what's the harm in nudging it in our favor?

That's why we filed the I-130, as it was a safer route to go. Trust me, the extra $420 was worth it, even if the IO said we didn't need to.

[JimVaPhuong 4,863]

There was another thread from last year where a K1's I-485 was denied when it had been filed after several years of marriage, and the denial slip cited INA 216 which describes conditional permanent residence. The poster made an Infopass appointment and was told to refile with an I-130. I can't find that thread now. If anyone knows where it is then please post a link.

There have also been VJ members who were approved for AOS after more than two years of marriage without having to file an I-130. They got a 2 year green card.

The only thing I can conclude from these mixed results is that the IO is making a discretionary call whether or not the applicant meets the conditions in INA 216, and can adjust to conditional permanent residence. My personal opinion is that if you're eligible to adjust to a 10 year green card then it would be better to submit the I-130 and go that route. There's no risk you'd be denied based on INA 216, and you wouldn't have to come back in two years to remove conditions.

[KayDeeCee 4,893]

Hello!

For Adjustment of status here are the forms that we will be fiiling out

g325a

I864

I485

I765

I131

G1145

Since we waited after 1 1/2 yr to file aos is there any other form(s) we need to fill out. Someone said I130. Is the I130 an additional payment aside from $1070? Becase the I130 it cost $420. Where did it say that we need to also file I-130?

Is it also necessary to file I765 work authorization because it says it's only good for 90 day starting the day you arrive to us and it will expire 90 days.

Please help. Thank you

You have gotten some great advice here already. I just wanted to point out that your husband will also have to get another full medical done from a civil surgeon.

Edited July 21, 2011 by Jay-Kay

[Pinaylang 0]

Hello Everyone! Thank you so much for all the reply and great advises. We can't wait to file aos need to do it asap as we are expecting and hubby will need to be able to drive me. Stomach is getting bigger and won't be able to drive soon.

As for the sample filled out forms the reason why I said I said it was blank when I click on examples it's because am using my iphone. When i used my laptop then it did show the filled out sample forms.

I love this website and soo happy that i have found it 4 years ago.

Thank you again everyone!