Talked to 5 Lawyers - Confused about the i-485 and i-751 process

[Kim & Zak 195]

So we've filed for the i-129f and everything is understood there. I'm also aware of all the paperwork that needs to be done in conjunction with the i-129f and i-485 and all that good stuff. However, each lawyer I spoke to just stopped at saying we need to apply for the i-485 and that we'd receive the greencard in about two years or so..

 

Now, I'm seeing the processing time might be shorter and we also file for the i-751? And some weird rule about we file for the i-751 on the second anniversary of his greencard approval? Can someone explain this a little further? We don't plan on him being naturalized - we actually plan to move back to Canada together after some odd years have passed, but that's like 10 years down the line, potentially. 

 

Thanks in advance!

[Unlockable 7,315]

Follow this flow chart... http://www.visajourney.com/content/k1flow

 

Basically it is I-129F first.

Then visa is issued to fiance after interview in their country.

Fiance travels to US.

Fiance gets married to US citizen within 90 days.

After marriage then immigrant files I-485 (Adjustment of Status).

The immigrant will get a conditional green card that expires in 2 years. (Note: The conditions is to ensure the marriage is bonafide aka marriage fraud prevention).

In 2 years the immigrant files the I-751 (removal of those conditions on the green card).

The immigrant will then get a 10 year green card.

After 3 years of marriage to the US citizen, the immigrant can file for citizenship.

[Kim & Zak 195]

1 minute ago, NuestraUnion said:

The immigrant will get a conditional green card that expires in 2 years. (Note: The conditions is to ensure the marriage is bonafide aka marriage fraud prevention).

In 2 years the immigrant files the I-751 (removal of those conditions on the green card).

The immigrant will then get a 10 year green card.

Thanks for the response, the flowchart was great!

 

Also, since the processing times take two years, generally, and the initial visa is only for two years... when do we file for the i-751? Exactly when the i-485 expires or some time before? Sorry, I'm very particular about these questions

[GreatDane 366]

14 minutes ago, kas634 said:

Thanks for the response, the flowchart was great!

 

Also, since the processing times take two years, generally, and the initial visa is only for two years... when do we file for the i-751? Exactly when the i-485 expires or some time before? Sorry, I'm very particular about these questions

You file I485 (plus AP/EAD paperwork) and usually receive a green card in about a year. It is valid two years from the date it was printed. Once you are two years from the date it was printed (minus 90 days) you can apply for I751 (ROC). With current timelines, ROC is more or less 3 years after marriage. 

[GreatDane 366]

28 minutes ago, NuestraUnion said:

Follow this flow chart... http://www.visajourney.com/content/k1flow

 

Basically it is I-129F first.

Then visa is issued to fiance after interview in their country.

Fiance travels to US.

Fiance gets married to US citizen within 90 days.

After marriage then immigrant files I-485 (Adjustment of Status).

The immigrant will get a conditional green card that expires in 2 years. (Note: The conditions is to ensure the marriage is bonafide aka marriage fraud prevention).

In 2 years the immigrant files the I-751 (removal of those conditions on the green card).

The immigrant will then get a 10 year green card.

After 3 years of marriage to the US citizen, the immigrant can file for citizenship.

The 3 year rule towards citizenship is 3 years from the date on the first green card (minus 90 days), not from the date of marriage. Basically 4 years overall.

Edited November 29, 2017 by GreatDane

[Unlockable 7,315]

1 hour ago, GreatDane said:

The 3 year rule towards citizenship is 3 years from the date on the first green card (minus 90 days), not from the date of marriage. Basically 4 years overall.

 

This is correct. It is 3 years of being a permanent resident (date on green card).  May seem like a small error in information but it is, in fact, a big difference.

 

Thanks, @GreatDane Good catch.

[GreatDane 366]

1 minute ago, NuestraUnion said:

 

This is correct. It is 3 years of being a permanent resident (date on green card).  May seem like a small error in information but it is, in fact, a big difference.

 

Thanks, @GreatDane Good catch.

Thanks, @NuestraUnion We're all in this together!

[Kim & Zak 195]

2 hours ago, GreatDane said:

You file I485 (plus AP/EAD paperwork) and usually receive a green card in about a year. It is valid two years from the date it was printed. Once you are two years from the date it was printed (minus 90 days) you can apply for I751 (ROC). With current timelines, ROC is more or less 3 years after marriage. 

I sounds to me like there is a year gap between the expiration of the first green card and the approval of the next? What does he do in between these times, is he allowed to stay here?

[Unlockable 7,315]

24 minutes ago, kas634 said:

I sounds to me like there is a year gap between the expiration of the first green card and the approval of the next? What does he do in between these times, is he allowed to stay here?

Taking straight from the guides section regarding ROC...

http://www.visajourney.com/content/751guide

The I-751 form and accompanying documents are mailed to either the USCIS California or Vermont Service Centers (click here to see the filing location for your state) depending on your state of residence. (Use certified mail or priority mail with delivery confirmation, and write "Attention: I-751 petition to remove conditions of status" on the envelope under the address.) You will receive a notice of receipt for the form stating that "Your alien card is extended one year - employment and travel authorized". Keep the receipt with your green card. If by some chance you are not approved within a year you will want to make an InfoPass appointment to go to your Local Office to request an I-551 stamp in your passport. This does happen as it sometimes it takes over a year to be approved. After your NOA extension expires, this is your only evidence of legal status which you are required to have, by law. This happens occasionally, that a case takes over a year, but it's rare. Local Offices will not give an I-551 stamp if you have another type of evidence of status (ie, expired Green Card + extension letter).

 

Again, sit down with your favorite beverage and read... the... guides. All the answers to your questions are there.

[GreatDane 366]

Just now, kas634 said:

I sounds to me like there is a year gap between the expiration of the first green card and the approval of the next? What does he do in between these times, is he allowed to stay here?

During the time between filing AOS and getting the green card, you get an extension letter that proves your status while your case is pending. It's weird, I know.

[GreatDane 366]

3 hours ago, Dee elle said:

 Maybe keep the favorite beverage until you've finished reading the guides, just in case the favorite beverage makes the print a bit blurry after enjoying!

Sorry - I totally disagree. My best USCIS paperwork is done with some wine - it makes it all tolerable! 

[Dashinka 24,871]

6 hours ago, GreatDane said:

During the time between filing AOS and getting the green card, you get an extension letter that proves your status while your case is pending. It's weird, I know.

 

 

11 hours ago, kas634 said:

I sounds to me like there is a year gap between the expiration of the first green card and the approval of the next? What does he do in between these times, is he allowed to stay here?

Yes, when filing the I751, the GC holder is still a LPR, they just have an expired GC which the extension letter confirms.  One thing I see from time to time is that some people believe the extension letter expires 1 year after it is received.  The extension letter expires one year from the date the 2 yr. conditional GC expired.  For instance, we filed my wife's I751 a year ago, and received the extension letter a week or so later, her GC expired in mid-March 2017, so the extension letter is good until mid-March 2018, not December 2017.  Unless the pace picks up on the I751s, many people also need to get a second extension which consists of making an infopass appointment and getting an I551 stamp in their passport.

 

It is a good thing you are checking on all the steps at this point in your process.  So many people seem to forget that there is more than just filing the I129F and getting married.

 

Good Luck!

[shell20 746]

17 hours ago, kas634 said:

So we've filed for the i-129f and everything is understood there. I'm also aware of all the paperwork that needs to be done in conjunction with the i-129f and i-485 and all that good stuff. However, each lawyer I spoke to just stopped at saying we need to apply for the i-485 and that we'd receive the greencard in about two years or so..

 

Now, I'm seeing the processing time might be shorter and we also file for the i-751? And some weird rule about we file for the i-751 on the second anniversary of his greencard approval? Can someone explain this a little further? We don't plan on him being naturalized - we actually plan to move back to Canada together after some odd years have passed, but that's like 10 years down the line, potentially. 

 

Thanks in advance!

Not sure about Canada but in the UK you can be a dual citizen, saves the hassle if you want to move to a different country and back again at a later date.

[AshMarty 360]

I have a question about naturalization from a K1 visa.

 

I thought I read once it was three years from the date of marriage but everyone is saying three years from the date of GC issued (which is different for everyone depending on how back up each regions field office is).

 

Do we know if the IR/CR-1 is greencard and K1 is date of marriage? Thanks!

[geowrian 22,338]

7 minutes ago, AshMarty said:

I have a question about naturalization from a K1 visa.

 

I thought I read once it was three years from the date of marriage but everyone is saying three years from the date of GC issued (which is different for everyone depending on how back up each regions field office is).

 

Do we know if the IR/CR-1 is greencard and K1 is date of marriage? Thanks!

It's the same for both: it's based on the date that you obtain permanent residency.

If you obtain LPR status via AOS, then that occurs upon approval of AOS. K-1 visa holders go through AOS.

If you obtain LPR status via an immigrant visa (i.e. CR-1/IR-1), then this occurs at POE.

 

The date of marriage doesn't matter for naturalization.

Edited November 30, 2017 by geowrian