Aos from K-1, 2 years later.

[HD06 0]

Well, it is a long story, but we are finally ready to apply for AOS from K-1 visa.

Will we need to file an I-751? Or should we just file the regular AOS package?

Thanks for all the help this site has provided.

[dagvl 2]

I-751 is to remove conditions on a conditional green card, so that is not applicable to you.

You should follow the guide at http://www.visajourney.com/content/i130guide2 and file a normal I-130 AoS, as the K-1 is not applicable anymore. You have 2 years of overstay, but that is forgiven when you adjust with a USC spouse.

Edited November 28, 2015 by dagvl

[HD06 0]

Ok, thanks.

It is my understanding that we will receive a ten year card? Is this true?

[CowboySweetheart 5]

Ok, thanks.

It is my understanding that we will receive a ten year card? Is this true?

You will have to file the normal application form for AOS, the I-485 form. You are likely to have your Green Card approved for 10 years, considering you are meeting all the requirements. Good luck! :-)

[dagvl 2]

Ok, thanks.

It is my understanding that we will receive a ten year card? Is this true?

If you have been married more than two years (I'm not sure if they count this from the marriage to the application date or to some later point in the process) you will get a 10-year card. If less, you get a two-year card and have to file for removal of conditions when that nears expiry.

[Pinkrlion 2,724]

You will also have to o a new medical, I-693.

[Elf 146]

Are you saying that you entered on a K-1 and married two years ago, but haven't filed for AOS until now? Did you marry within 90 days of entering the US?

Edited November 29, 2015 by Elf

[HD06 0]

You will also have to o a new medical, I-693.

Thanks, I did not take into account the I-693.If not filed with the package, I assume an RFE?

[HD06 0]

Are you saying that you entered on a K-1 and married two years ago, but haven't filed for AOS until now? Did you marry within 90 days of entering the US?

Yes, married for 27 months, we married within the 90 day period.

[newacct 688]

Yes, married for 27 months, we married within the 90 day period.

You married within 90 days, so you can adjust status based on the I-129F fiance petition. You do not need an I-130. Whether you will be a conditional or non-conditional permanent resident will depend on whether you will be married for 2 years at the time your Adjustment of Status is approved (which will be true if you have already been married for 2 years now).

[KayDeeCee 4,896]

I-751 is to remove conditions on a conditional green card, so that is not applicable to you.

You should follow the guide at http://www.visajourney.com/content/i130guide2 and file a normal I-130 AoS, as the K-1 is not applicable anymore. You have 2 years of overstay, but that is forgiven when you adjust with a USC spouse.

This is not correct. They do not need an I-130. It makes no difference how long it has been. As long as they married within 90 days of the K-1 entry, then they are eligible to file for AOS based on the K-1 entry. They do not need to provide another petition(I-130) for a new/different eligibility.

OP> Just follow the AOS from K-1 guide > http://www.visajourney.com/content/k1k3aos

Your medical is definitely over a year old, so you will need to see a civil surgeon for an I-693.

You will not need to file the I-751 later for ROC because you have been married over 2 years and will receive a 10 year green card when your AOS is approved.