AOS - Should I wait

[chewy2012 2]

I'm going to file my husbands AOS packet at the end of August....

We will be married for 2 years in December. Should I wait to file so he don't receive a conditional one?

[Harpa Timsah 13,258]

Your choice.

[Pitaya 2,577]

Many VJ folks suggest filing of the AOS paperwork as soon as possible after marriage. However, at the end of the day, it is as Harpa says:

Your choice.

Good luck on your immigration journey.

[chewy2012 2]

Thanks!

[SYED NASEER UDDIN 0]

File asap.

[bobcat190E 12]

Is there a pressing reason why you want to file before December?

Because, as I understand it, removing conditions 2 years down the line involves filling out more forms/providing another evidence packet and paying another $500 or so. So if it were me, I'd just wait a little longer to save myself the hassle and money further down the line.

[chewy2012 2]

That's what I was thinking....but wasn't sure on the processing time frame if it will be December by the time everything was done...or if they go by the date I filed??

[bobcat190E 12]

I believe (but am not sure) that if your husband is granted a green card at least two years from the date of marriage, then there will not be conditions attached (i.e. no need to subsequently remove conditions 2 years down the line). So the critical date is not the date of filing, but the date the green card is approved.

However, I have been unable to find an official USCIS source for this information - perhaps someone else can help out here. Instead, here is what I found from a quick google:

If your marriage is already two years old when the immigrant either arrives at the U.S. border with an immigrant visa or receives approval for a green card, he or she will receive permanent residency and won’t have to worry about the status expiring (although the actual card will need to be replaced once every ten years).

Source: http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter7-4.html

Sometimes a married couple will hold off filing papers for permanent residence so the immigrant visa applicant (the spouse of a U.S. citizen or permanent resident) will get a permanent card. The couple times the filing so that the person gets permanent residence more than two years after the marriage date. In those cases, permanent residence is a one-step process. Often, immigration will look closely at cases filed two years after a marriage to ensure that the marriage is bona fide or “real.”

Source: http://www.nydailynews.com/new-york/citizenship-now/two-year-rule-applies-marriage-cases-article-1.1449267

[bobcat190E 12]

Quick follow up: here is the wording from the USCIS website:

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[Dave&Roza 748]

I'm going to file my husbands AOS packet at the end of August....

We will be married for 2 years in December. Should I wait to file so he don't receive a conditional one?

He is going to need a new medical so a civil surgeon can completed the I-693 for the AIOS, so add that to the cost. If he has no need to work or travel between now and receiving the GC and can avoid the CBP internal check points--he has managed for almost two years--then just wait about a month before your second anniversary and file so they can begin processing and you are almost guaranteed to not receive the GC until after your second anniversary. You will be lucky to get your bio appointment before you have been married for two years.

Good luck,

Dave

[chewy2012 2]

We have medical scheduled for Aug 29th so I don't plan on submitting anything until mid September