AOS after 2 years - Advice?

[Ray-J 2]

Technically, I know that we should have filed for AOS as soon as we were married. However, it wasn't financially possible for us until now.

I've put together our packet and we're waiting on an appointment with the civil surgeon to get updated immunizations. Other than that, is there any difference to what paperwork is normally required?

Note: For the past couple of months, i've been unemployed while getting a home-based business off the ground. However, i do have a co-sponsor and have tax forms for the past 3 years that would show income well above the requirements.

[Hypnos 6,576]

If you've been married for at least two years, as you indicate, you should include an I-130 with your packet so you can jump directly to an unconditional 10 year green card.

[KayDeeCee 4,893]

You need a whole new medical exam from a civil surgeon and not just the vaccinations updated.

Some have included an I-130(extra $420 fee) with the AOS paperwork to be sure to receive a 10 year green card instead of a 2 year conditional one, though someone that has been married over 2 years is supposed to receive a 10 year card anyway. For now though, you probably need to still include it to absolutly ensure you receive the 10 year card and not have to file for ROC.

http://www.uscis.gov/sites/default/files/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-9232.html?topic_id=0

(g) Fiancé(e) Adjustment Cases .

While K-1 and K-2 aliens adjust under section 245 of the Act, they are also subject to the provisions of section 216 of the Act. Accordingly, the adjusting alien becomes a conditional permanent resident, unless the marriage between the adjustment applicant and the petitioning fiancé(e) is at least 2 years old at the time adjustment is granted.

There is a provision stating that someone adjusting from a K-1 was subject to a conditional residency under '8 US Code 1186a: Conditional permanent resident status for certain alien spouses and sons and daughters'. One of the outcomes of Matter of SESAY, 25 I&N Dec. 431 (BIA 2011) is that,

'A fiancé(e) visa holder whose bona fide marriage to the fiancé(e) visa petitioner is more than 2 years old at the time the adjustment application is adjudicated is not subject to the provisions for conditional resident status under section 216 of the Act, 8 U.S.C. § 1186a (2006).'

However, the USCIS has not done more than mention the decision and state they would draft guidance. That was 2 years ago, so if anyone knows of anything else coming about from this, or this supposed guidance coming about, I would like to hear about it.