Delayed AOS filing eligible for 10-year GC?

[EatBulaga 315]

Greetings AOS experts,

I'm asking for an acquaintance who is not on VJ.

He filed a K1 a while back and married his K1 beneficiary about 3 years back, but they never filed an AOS for whatever reason.

 

Yes, I told him the foreign spouse is out of status.

They are currently putting together the I-485 and plan to submit soon.

 

Some questions are:

Will the foreign spouse that is out of status have more complications with the AOS application or should they hire a lawyer?

Will the foreign spouse be eligible for the 10-year Green Card since they've been married for over 3 years?

 

Thanks in advance for any response.

[OldUser 6,633]

6 minutes ago, EatBulaga said:

Will the foreign spouse that is out of status have more complications with the AOS application

Potentially. Being out of status can raise suspicion. It's one of the possible fraud indicators. It will be forgiven for spouse of US citizen though, if I-485 is approved.

6 minutes ago, EatBulaga said:

Will the foreign spouse be eligible for the 10-year Green Card since they've been married for over 3 years?

Yes

Edited April 23, 2023 by OldUser