K3 Delay of Status Adjustment

[pushbrk 12,994]

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

[maryandatif 0]

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

Atif and I waited until July 2006 to file for his AOS [he arrived at the end of March 2006]. We did this in order to have some proof of living together--pics and such. Also gave us time to get all of the funds together. The only glitch we ran into had nothing to do with when we filed AOS.

Good Luck and keep us posted!

PS--IF by some chance you should receive a cancellation notice for your AOS interview---GO to the appointment anyway..... here's a link explain why I say this:> Cancellation Problem

Mary K.

[tiberonsuave 0]

Well your reasons are your reasons. Personally, I would file ASAP. Things are very fluid in the world of immigrations these days. I have been waiting for AOS since August 2004. So we get the pleasure of completing and pating for AP and EADS in the meantime.

Your situation may be different.

t

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

[notrepetiteashley 0]

I don't know, it sort-of sounds like you have a specific time frame that you want...and my only concern would be that you wouldn't get it (the time frame.) Stuff happens all the time in this process to screw it up and some people are lucky and get through it with ease, and some people have all sorts of problems that cause delays. Honestly, I am not sure what I would do if I were you, but I do wish you the best of luck.

[meauxna 15]

We have our reasons for doing this beyond simply the convenience of an additional process.

Any comments are welcome.

Without knowing what other reasons there could possibly be...

There are immigration benefits available to your wife now, today. If you are +50% sure that she wants to exercise them, NOW is the time. Tomorrow, next week, next year, those same benefits may not be available to her, and then what? Especially as there is a child involved, it seems the more responsible thing to do is to get what you can, while you can.

What could change, you ask? Just about anything. We have seen rule and regulation changes affect people who never thought they would be touched by them (see IMBRA & Adam Walsh incidents this past year). Something, god forbid, could happen to you like being knocked down by a bus. Are you aware that your wife would not be eligible to adjust her status if you die before 2 years of marriage? There's plenty of dire unintended consequences down that road regarding your estate etc.

The Real ID Act is coming online more and more each day and various agencies are witholding more benefits to people who are not LPRs. Additionally, if your wife has any interest in becoming a US citizen (and don't forget that her minor child naturalizes with her), the time toward that goal does not start ticking until she is a PR.

I realise I don't know if your child is a USC or not; I don't think that takes away from any argument here if she is.. in fact, it makes LPR status for her mother all the more important.

Best wishes!

[john_and_marlene 162]

I wouldn't delay filing AOS. The sooner the foreign spouse gets resident status, the less likely their ability to stay in the U.S. may be taken away by unforseen circumstance.

[pushbrk 12,994]

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

I'm not worried about unforseen circumstances at this point but my plan will need to change because of the fee increases. We'll be filing in late July using the current fee structure and hope to be caught up in a delay because of the filing rush. I'm now researching just how I might assure an AOS approval doesn't occur before December 1. Any ideas?

If the AOS is approved before December, we'll be dealing with USCIS again for removal of conditions and two times $625 in additional fees.

Note: Sure, we'll pay what it costs but I'd prefer to pay less and deal with USCIS one less time.

Edited June 4, 2007 by pushbrk

[celikkanat 0]

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

I'm not worried about unforseen circumstances at this point but my plan will need to change because of the fee increases. We'll be filing in late July using the current fee structure and hope to be caught up in a delay because of the filing rush. I'm now researching just how I might assure an AOS approval doesn't occur before December 1. Any ideas?

If the AOS is approved before December, we'll be dealing with USCIS again for removal of conditions and two times $625 in additional fees.

Note: Sure, we'll pay what it costs but I'd prefer to pay less and deal with USCIS one less time.

You may do something that requires an RFE, like forgetting to attach something very small.. But again, I wouldn't do that:)

Good luck,

Kaan

Edited June 4, 2007 by celikkanat

[pushbrk 12,994]

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

I'm not worried about unforseen circumstances at this point but my plan will need to change because of the fee increases. We'll be filing in late July using the current fee structure and hope to be caught up in a delay because of the filing rush. I'm now researching just how I might assure an AOS approval doesn't occur before December 1. Any ideas?

If the AOS is approved before December, we'll be dealing with USCIS again for removal of conditions and two times $625 in additional fees.

Note: Sure, we'll pay what it costs but I'd prefer to pay less and deal with USCIS one less time.

You may do something that requires an RFE, like forgetting to attach something very small.. But again, I wouldn't do that:)

Good luck,

Kaan

Hmm, maybe something small like a passport photo.

[Yodrak 7]

pushbrk,

Where would your wife like to reside should you be attacked and killed prior to adjusting by an irate VJer gone 'postal' because you gave bad information?

Yodrak

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

[CanadaGirl 0]

Hi,

I arrived in the US in April 2006 and we waited until October 2006 to file. I’m not sure if I would leave it 11 months to file but if you file in July that should be fine. It actually took longer then I thought it would to get an interview. We reach our 2 year anniversary on June 24th and the chances of me getting an interview before that are slim to none.

Good luck!

[john_and_marlene 162]

I just don't see that the benefit is worth the risk you seem to be willing to expose your spouse to.

[derbylocks 0]

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

Dear One, I am not too sure if u think u will definitely have the 10 yr status. And I think that AOS is not dependant on when u married. It is more on when ur status was approved. Kindly check this again before u delay the filing process. Good luck.

[pushbrk 12,994]

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

Dear One, I am not too sure if u think u will definitely have the 10 yr status. And I think that AOS is not dependant on when u married. It is more on when ur status was approved. Kindly check this again before u delay the filing process. Good luck.

Well, I checked and it's both. That's the point. If the AOS is approved on the date of our two year wedding anniversary or later, the card will be for 10 years. Two years if before. Pretty simple.

[pushbrk 12,994]

If I were dead, my wife would prefer to reside in China. She lives here because I do.

pushbrk,

Where would your wife like to reside should you be attacked and killed prior to adjusting by an irate VJer gone 'postal' because you gave bad information?

Yodrak

My wife and daughter arrived in August, 2006, exactly 9 months after our marriage. Since their visas don't expire until August 2008, I'm planning to file to adjust status in September 2007, fully 11 months before their multiple entry K3 visas expire. The idea is to have the AOS interview after our two year wedding anniversary, resulting in 10 year green cards and skipping the Removal of Conditions. We have our reasons for doing this beyond simply the convenience of an additional process.

In the interim my wife filed for and received EAD. We'll do the same for the daughter shortly.

Some people I've talked to think this is a crazy risky idea. I don't think so. We don't plan to travel anyplace that would require a green card for admittance and they are both free to visit their homeland as often as they wish in the interim.

Any comments are welcome.

Edited June 8, 2007 by pushbrk