File now or wait?

[Mr&MrsDavis 0]

I have been married for 1 year and 1 month now. I currently have a F-1 visa. I am married to a US citizen. Should I file my AOS now or wait until our 2 year anniversary?

[tempa 1]

besides being a totally opinion question, I would say if you have long enough visa that let's you do what you want, filing closer to the 2 year mark gives you real GC instead of 2 year temporary teaser.

[Mr&MrsDavis 0]

besides being a totally opinion question, I would say if you have long enough visa that let's you do what you want, filing closer to the 2 year mark gives you real GC instead of 2 year temporary teaser.

In order to meet the 2 year mark, does the application date or the date of the interview have to be our 2 year anniversary?

[tempa 1]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

so.

as long as you have been married 2 years when you get the greencard you avoid the conditions.

now... calculating the exact time when you can file is totally impossible.

[Penguin_ie 5,997]

**** Moving from AOS from Family visa to AOS from Student visa ****

[ValerieA 350]

It is 2 years based on the date of approval. I'm not sure of the rules for an F-1 visa, so take the following with a grain of salt: if you plan on traveling outside of the country before AOSing - you are technically not supposed to enter the US on a non-immigrant visa with intent to immigrate. So, if you go home for a holiday before you file AOS and receive your advance parole or green card, you are not supposed to re-enter if you have intent to immigrate. Again, maybe the rules of an F-1 circumvent that, I don't know, I entered on a tourist visa . There are others here much more knowledgeable than I on the matter who will no doubt tune in.

Now, if you have no intention of leaving the country, my opinion would be to wait, save yourself the aggravation and expense of the Removal of Conditions phase.