Still waiting on my Interview for my Green card

[ggsacks 82]

okay, this brings up a good question in my mind............... If it takes so long (up to a year) to get the first AOS 2 yr green card, then why not wait until

you've been married for 2 years and apply and get the 10 yr? Saving all that grief and money!! Does anyone have a good explanation why we shouldn't wait?

I'm sure there may be a good reason to apply immediately, but I'm not aware of it If so, please enlighten me.

Well you'd be out of status with no ability to work or travel, and at risk of deportation. Sounds like way more grief to me!

[fouzimedfouni 1]

anyone had this issue before ?

[FamilyGuyT 9]

okay, that makes sense. Hadn't really thought of that "black hole" in the middle. Just a shame that you have to go through it all over again...possibly only weeks after you finally get your first AOS done and spend more money. BUT, that's government for ya.

[KayDeeCee 4,893]

okay, that makes sense. Hadn't really thought of that "black hole" in the middle. Just a shame that you have to go through it all over again...possibly only weeks after you finally get your first AOS done and spend more money. BUT, that's government for ya.

Are you talking about going through ROC when you have a conditional card? It would not be weeks after AOS. Your green card will be valid for 2 years from the date you are approved. You would file for ROC within 90 days before the card expires, so it will be almost 2 years before you apply for ROC, no matter how long your AOS takes to be approved.

[FamilyGuyT 9]

Yeah, I guess I'm a little confused after reading several posts on here. Someone said if you have been married for 2 years they would

go ahead and give you the 10 yr green card. (if so, is this still a conditional card?)

I was thinking if the conditional green card takes over a year to get, why not just wait and do it all just once and get the 10 yr. card. But I realize she would be "expired" and somewhat illegally here without actually filing something to take the place of the expired I-94.

[fouzimedfouni 1]

conclusion is you came here to THE US through K1 visa, you need to get married during the next 90 days if you will not, your I-94 form will expire and you will be out of status, once you get married , even if you did not file for a green card for whatever reason technecally you still on status. I-94 and I-485 are totally different form and procedures , once you get married I-94 doesnt matter anymore

[FamilyGuyT 9]

conclusion is you came here to THE US through K1 visa, you need to get married during the next 90 days if you will not, your I-94 form will expire and you will be out of status, once you get married , even if you did not file for a green card for whatever reason technecally you still on status. I-94 and I-485 are totally different form and procedures , once you get married I-94 doesnt matter anymore

First of all, I'm the petitioner and my wife is the K-1. Secondly, I've been married for over 2 months.

I know in detail the differences in all the forms and their function.

The only thing I'm not sure of is this so called "out of status" or "expired U.S. occupancy". Obviously no one else on this site is sure of it either because there are many different answers and posts all stating different "non professional" opinions.

While this site is very helpful, I always check my facts with the official government websites and/or personel. I know everyone means well and

is simply trying to help, but there was and still is bad/wrong info posted a lot during the K-1 process and forums by some very senior members. Luckily I did my homework and knew better, unfortunately not all do.

So unless you are a government employee of the uscis, I appreciate all the opinions ( I did ask for them), but they are just that...opinions.

I've already filed for her AOS, so IF I decide to do the research, I will post my findings at a later date so I can join the the rest of the group of unprofessional opinions. LOL

Happy posting...

[KayDeeCee 4,893]

conclusion is you came here to THE US through K1 visa, you need to get married during the next 90 days if you will not, your I-94 form will expire and you will be out of status, once you get married , even if you did not file for a green card for whatever reason technecally you still on status. I-94 and I-485 are totally different form and procedures , once you get married I-94 doesnt matter anymore

Getting married does not give you legal status in the US. It does not invalidate the I-94. That information is incorrect.

Not my non-professional opinion. These are the immigration laws. I will include links, since I have already researched all of this and read the forms, laws, rules, policies, federal codes, BIA rulings, etc.

Getting married alone does not do anything for your legal status in the US. Getting married within 90 days of entry makes you eligible to file for AOS. Filing for AOS will place you in a new period of authorized stay. http://www.law.cornell.edu/uscode/text/8/1255

If marrying a USC is all it took for legal status in the US, then there would be no reason for the required spousal visa for a foreign spouse to enter the US. There would be no reason for the need to file an I-130 and I-485 to adjust status when marrying a non-citizen within the US. Marriage to a USC gives absolutely no legal status to stay in the US.

When you enter with a spousal visa, you are entering with an immigrant visa and you receive lawful permanent residency status upon entry. When you enter with a fiance(e) visa, you are entering with a non-immigrant visa and all the laws pertaining to an entry with a non-immigrant visa apply to someone entering with a K-1, except that a K-1 entrant cannot apply to extend the stay on their visa(http://travel.state.gov/content/visas/english/general/visa-expiration-date.html). The only difference is that with a K-1, you become eligible to file for AOS when you marry your USC petitioner within 90 days of entry. When your I-94 expires, you are indeed out of status, which is the same as unlawful presence, and once you file for AOS you will be an adjustment applicant and are legally permitted to stay in the US while waiting for your AOS to be processed. Once approved, you will then become a lawful permanent resident.

If you have been married for two years at the time your adjustment of status is approved, then you will receive a 10 year green card. If you have been married less than 2 years when your AOS is approved, then you will receive a 2 year conditional card. The condition being that you must file to remove conditions within 90 days before it expires. For ROC you will need to provide proof that your marriage is valid and real and not for the sole purpose of immigration. When your ROC is approved, you will then receive a 10 year green card. The same applies to those that enter with a spousal visa. If they are married less than 2 years at the time of US entry, then they receive a 2 year conditional green card and will need to fie for ROC. If they are married for more than 2 years when they enter, then they will receive a 10 year card and no need to file for ROC.

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

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.justice.gov/eoir/vll/intdec/vol25/3707.pdf

(2) 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).

Edited January 15, 2015 by KayDeeCee

[fouzimedfouni 1]

Getting married does not give you legal status in the US. It does not invalidate the I-94. That information is incorrect.

Not my non-professional opinion. These are the immigration laws. I will include links, since I have already researched all of this and read the forms, laws, rules, policies, federal codes, BIA rulings, etc.

Getting married alone does not do anything for your legal status in the US. Getting married within 90 days of entry makes you eligible to file for AOS. Filing for AOS will place you in a new period of authorized stay. http://www.law.cornell.edu/uscode/text/8/1255

If marrying a USC is all it took for legal status in the US, then there would be no reason for the required spousal visa for a foreign spouse to enter the US. There would be no reason for the need to file an I-130 and I-485 to adjust status when marrying a non-citizen within the US. Marriage to a USC gives absolutely no legal status to stay in the US.

When you enter with a spousal visa, you are entering with an immigrant visa and you receive lawful permanent residency status upon entry. When you enter with a fiance(e) visa, you are entering with a non-immigrant visa and all the laws pertaining to an entry with a non-immigrant visa apply to someone entering with a K-1, except that a K-1 entrant cannot apply to extend the stay on their visa(http://travel.state.gov/content/visas/english/general/visa-expiration-date.html). The only difference is that with a K-1, you become eligible to file for AOS when you marry your USC petitioner within 90 days of entry. When your I-94 expires, you are indeed out of status, which is the same as unlawful presence, and once you file for AOS you will be an adjustment applicant and are legally permitted to stay in the US while waiting for your AOS to be processed. Once approved, you will then become a lawful permanent resident.

If you have been married for two years at the time your adjustment of status is approved, then you will receive a 10 year green card. If you have been married less than 2 years when your AOS is approved, then you will receive a 2 year conditional card. The condition being that you must file to remove conditions within 90 days before it expires. For ROC you will need to provide proof that your marriage is valid and real and not for the sole purpose of immigration. When your ROC is approved, you will then receive a 10 year green card. The same applies to those that enter with a spousal visa. If they are married less than 2 years at the time of US entry, then they receive a 2 year conditional green card and will need to fie for ROC. If they are married for more than 2 years when they enter, then they will receive a 10 year card and no need to file for ROC.

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

http://www.justice.gov/eoir/vll/intdec/vol25/3707.pdf

no

nobody said it gives you legal status or the right to stay in the US, what I meant is you can file for the AOS anytime you want without lose the right to do it after your I-94 expired, because if so even if you get married they wont accept your I-485 and they will deny it and tell you to get out of the US and file for new Visa from the begining, and if you do, I dont guarantee you that they will give it to you that easy (happened to my friend, took him years to get back to the US, and had been interviewed for 3 times and got denied)

[KayDeeCee 4,893]

nobody said it gives you legal status or the right to stay in the US, what I meant is you can file for the AOS anytime you want without lose the right to do it after your I-94 expired, because if so even if you get married they wont accept your I-485 and they will deny it and tell you to get out of the US and file for new Visa from the begining, and if you do, I dont guarantee you that they will give it to you that easy (happened to my friend, took him years to get back to the US, and had been interviewed for 3 times and got denied)

You are the one that said, "once you get married , even if you did not file for a green card for whatever reason technecally you still on status. I-94 and I-485 are totally different form and procedures , once you get married I-94 doesnt matter anymore." But getting married you are not 'still on status' and once you get married, the I-94 does still matter for your legal status in the US. If you were trying to say something else, such as you must marry within 90 days before your I-94 expires in order to be eligible to file for AOS, then yes. You must marry within 90 days of entry with a K-1 in order to be eligible to file for AOS based on the approved I-129F petition and K-1 visa entry.

However, if someone does not marry within the 90 days, they can get married past the 90 days and file an I-130 along with an I-485 in order to adjust status. Their eligibility will then be based on the I-130 petition approval instead.