Sessions rescinds DACA

[Ebunoluwa 6,136]

21 minutes ago, Steeleballz said:

 

  There has to be a status change to get from non-immigrant to immigrant status. I do not believe you can get a green card from within the USA from a k1 without adjusting status.

 

  AOS grants a conditional green card if the k1 applicant has been married less than 2 years and conditions must be removed at 2 years. If married at least two years at the time of adjustment, then you get a 10 year green card without the need to remove conditions. If a k1 does not adjust status, there would be no green card to remove conditions from.

Exactly.

[Ebunoluwa 6,136]

36 minutes ago, IDWAF said:

Sorry, but you are wrong.  AOS CAN be skipped.  No AOS can not be skipped. Period.One simply doesn't get a 1 yr GC (which AOS would grant one no, AOS gets you a 2 yr green card not a 1 yr green card), and can't leave and re-enter. Of course you can leave and re enter while AOS is pending with approved 
advanced parole.But 2 years after marriage, ROC is completed No, not 2 yrs after marriage only after the green card you file ROC and a 10-yr GC is issued.

 

K1s don't get a 10 yr GC after marriage, If AOS is pending and the couple reached the 2 year marriage mark during the time their AOS is pending,
then upon approval K1 's also (who married within 90 days) will be issued a 10 yr card.only a 1-yr, there is no one year. or nothing.  Those are the only options.

You are so super confused and give out wrong information. Do everyone a favor and do your immigration research and study the basics.
Hang out in the AOS/ROC forums for a while.
 

 

[Boiler 44,852]

AOS can mean adjustment of status or affidavit of support, Adjustment is common from a Student, Work or K1 for example.

 

Removal of Conditions applies if you have not been married for 2 years when you get your GC through marriage.

 

Probably as simple as I can make it. I can think of unusual exceptions but that is the norm.

[Voice of Reason 10,298]

35 minutes ago, Ebunoluwa said:

You either heard wrong or they too are as confused as you. This is misinformation.

 Sorry you feel that way.  But it IS possible. And it's pretty simple to understand, overall. No AOS, wait 2 years, file for ROC.  Straight to 10 yr GC, no need for the 1 yr AOS GC.

Edited September 18, 2017 by IDWAF

[jayjayj 571]

3 hours ago, Transborderwife said:

Umm not all entered illegally 

If they are DACA recipients they certainly did and that is the topic of this thread -

 

The Deferred Action for Childhood Arrivals (DACA) was an American immigration policy that allowed some individuals who entered the country illegally as minors to receive a renewable two-year period of deferred action from deportation and to be eligible for a work permit.

[jayjayj 571]

3 hours ago, Transborderwife said:

You're missing my point entirely.  I'm saying that what if what's being proposed in say the RAISE act was extended to spouses.

 

also overstaying a k1 is no different than overstaying any other non immigrant visa

K-1 overstays entered the country legally.  DACA recipients entered the country illegally.  K-1 recipients were legally sponsored by a U.S. citizen.  DACA recipients entered the country illegally.  Again, there is no comparison.  

 

The RAISE act is not going to limit the number of foreign spouses that U.S. citizens can bring to the U.S.  Is that what you are implying?

Edited September 18, 2017 by jayjayj

[Steeleballz 7,550]

10 minutes ago, IDWAF said:

 Sorry you feel that way.  But it IS possible. And it's pretty simple to understand, overall. No AOS, wait 2 years, file for ROC.  Straight to 10 yr GC, no need for the 1 yr AOS GC.

 

    Again, removal of conditions requires that you already have a 2 year conditional green card. I don't see where that two year green card is coming from in your scenario. 

 

   If you want to wait 2 years and file "straight to a 10 year green card", that is possible, but that is not what removal of conditions is. 

 

  

 

[Ebunoluwa 6,136]

22 minutes ago, IDWAF said:

 Sorry you feel that way.  But it IS possible. And it's pretty simple to understand, overall. No AOS, wait 2 years, file for ROC.  Straight to 10 yr GC, no need for the 1 yr AOS GC.

Wrong. You can not remove a "condition" which has not been granted. Impossible.
There is no 1 year conditional GC, there is a 2 year conditional GC.
It obviously is not as simple for you to understand because your adjustment posts are full of incorrect information.
 

[Voice of Reason 10,298]

15 minutes ago, Ebunoluwa said:

Wrong. You can not remove a "condition" which has not been granted. Impossible.
There is no 1 year conditional GC, there is a 2 year conditional GC.
It obviously is not as simple for you to understand because your adjustment posts are full of incorrect information.
 

Did you ever file for a K1?  Sounds like you either did not, or did not fully understand the process.

 

AOS gets you a conditional LPR status for one year.  The card expires after 12 months.  Then one gets an extension letter if they remain in good status for a second year.

 

After that, ROC removes the conditional status.

[Boiler 44,852]

Mine was 2 years.

[Voice of Reason 10,298]

7 minutes ago, Boiler said:

Mine was 2 years.

We're you K1?

[Boiler 44,852]

• State: Colorado
• Filed for:K-1 Visa
• Filing Location:Nebraska Service Center
• Local Office:Denver CO

[Steeleballz 7,550]

35 minutes ago, IDWAF said:

Did you ever file for a K1?  Sounds like you either did not, or did not fully understand the process.

 

AOS gets you a conditional LPR status for one year.  The card expires after 12 months.  Then one gets an extension letter if they remain in good status for a second year.

 

After that, ROC removes the conditional status.

 

   You initially said "AOS is not a required step.  It can be skipped, and the immigrant can wait two hears and file for ROC."

 

   What you are describing above is removing conditions after AOS. My wife's conditional GC was for 2 years, but the conditional part comes after adjustment of status. Adjustment of status is a required step to get from k-1 entry to green card while remaining in the USA. If you try to file ROC without having ever adjusted status the best you can hope for is that the I-751 form will be returned with instructions to file for adjustment, and hopefully without USCIS cashing the check. 

[Voice of Reason 10,298]

27 minutes ago, Boiler said:

Mine was 2 years.

Nevermind.  I was mixing up the process.  AOS GC is for 2 years.  The 1 year letter is between AOS and ROC.  I was remembering it as 1 yr GC, 1 year letter, then ROC.  MY bad.

[Voice of Reason 10,298]

8 minutes ago, Steeleballz said:

 

   You initially said "AOS is not a required step.  It can be skipped, and the immigrant can wait two hears and file for ROC."

 

   What you are describing above is removing conditions after AOS. My wife's conditional GC was for 2 years, but the conditional part comes after adjustment of status. Adjustment of status is a required step to get from k-1 entry to green card while remaining in the USA. If you try to file ROC without having ever adjusted status the best you can hope for is that the I-751 form will be returned with instructions to file for adjustment, and hopefully without USCIS cashing the check. 

This is a DACA thread.  Not sure how we got here.  But while agree that AOS followed by ROC 2 years later is the normal process,  AOS can be skipped,  the money saved, and ROC filed 2 years after marriage.  It's not the norm, but it has been done.