AOS for CR1?

[ram1009 46]

I'm wondering if the AOS process for CR1 visa holders is the same process that K1 visa holders are subjected to.  CR1 holders only need to be married for 2 years to avoid AOS completely, whereas K1 visa holders can't even apply for AOS for 3 years.  Doesn't seem fair.  My wife and I have been married & living together every day for almost 5 years and we're still getting pummeled by USCIS.

[powerpuff 6,744]

Do you mean ROC (removal of conditions)?

[ram1009 46]

2 minutes ago, powerpuff said:

Do you mean ROC (removal of conditions)?

Well, that's what it is but I thought it was called AOS (Adjustment of Status) as with K1.

[Ontarkie 14,304]

~~Moved to General Immigration Discussion, from K3 P&P - the OP is trying to understand the differences.~~

[wildbug100420 130]

9 minutes ago, ram1009 said:

I'm wondering if the AOS process for CR1 visa holders is the same process that K1 visa holders are subjected to.  CR1 holders only need to be married for 2 years to avoid AOS completely, whereas K1 visa holders can't even apply for AOS for 3 years.  Doesn't seem fair.  My wife and I have been married & living together every day for almost 5 years and we're still getting pummeled by USCIS.

Spouse visas are green card holders from the day they enter the US. 

[ram1009 46]

1 minute ago, wildbug100420 said:

Spouse visas are green card holders from the day they enter the US. 

That's not what I read.

[Ontarkie 14,304]

The CR1 Process does not include adjustment of status. The spouse enters the US with a CR1 Visa and if married less then 2 years.  They still have to do ROC as the marriage is less then 2 years. 

The IR1 Process is for married couples of more than 2 yrs. They do not adjust status either and they do not have to file for ROC as they have been married for over 2 yrs at the time of entry. 

Now the very rare K3 visa is a married couple who do still have to adjust status after entry. It used to be a faster way to enter so they also would have been married less then 2 yrs. They also would have to file for ROC. 

[Ontarkie 14,304]

5 minutes ago, ram1009 said:

That's not what I read.

You could have been reading about a K3. They are similar to a K1 but married, still need to file for AOS and ROC. But these are almost never granted anymore and instead spouses get the IR1 or CR1. An IR1 or CR1 do not adjust as the date they enter those visas act as their temporary GC. They are GC holders at that moment the visa is stamped at entry. 

Edited Wednesday at 10:23 PM by Ontarkie

[ram1009 46]

2 minutes ago, Ontarkie said:

The CR1 Process does not include adjustment of status. The spouse enters the US with a CR1 Visa and if married less then 2 years.  They still have to do ROC as the marriage is less then 2 years. 

The IR1 Process is for married couples of more than 2 yrs. They do not adjust status either and they do not have to file for ROC as they have been married for over 2 yrs at the time of entry. 

Now the very rare K3 visa is a married couple who do still have to adjust status after entry. It used to be a faster way to enter so they also would have been married less then 2 yrs. They also would have to file for ROC. 

This all sounds like semantics to me but I'll restate my question.  Is ROC the same as AOS?

[powerpuff 6,744]

11 minutes ago, ram1009 said:

That's not what I read.

Well, they are permanent residents the moment they enter. That’s factual. This one of the many reasons CR1 is better than K1 and I have done the K1.

 

4 minutes ago, ram1009 said:

This all sounds like semantics to me but I'll restate my question.  Is ROC the same as AOS?

no. Adjustment of status = when a K1 enters the US, they have to apply for their GC. Removal of conditions = removing the conditions on a 2 year GC to get the 10 year GC 

[wildbug100420 130]

8 minutes ago, ram1009 said:

This all sounds like semantics to me but I'll restate my question.  Is ROC the same as AOS?

No. Roc is removal of conditions to get a 10yr green card. Adjustment of Status is switching from non immigrant visa to green card. A K-1 is a non immigrant visa 

[Ontarkie 14,304]

13 minutes ago, ram1009 said:

This all sounds like semantics to me but I'll restate my question.  Is ROC the same as AOS?

No they are not the same. A K1 enters the US, they get married and file for AOS. Once AOS is approved they get a 2 yr GC. then roughly 2 yrs down the road they file for Removal of Conditions (ROC). A K3 would be close to this order but they are married on entry. (I only mention K3 since you originally posted in the K3 forum).

 

CR1's do not file for AOS either, but as they were married less then 2 yrs they get a 2 yr GC and will file for ROC roughly at the 2 yr mark. (90 days before the 2 yr card expires).

IR1's do not file for either AOS or Removal of conditions, they do not get a 2 yr GC, they get a 10yr card.

Edited Wednesday at 10:37 PM by Ontarkie

[SalishSea 17,969]

4 hours ago, ram1009 said:

That's not what I read.

You read wrong.    Maybe read the guides to try to understand these processes?  The USCIS website is also a resource available to you.

Edited Thursday at 02:48 AM by SalishSea

[Sarah&Facundo 598]

5 hours ago, ram1009 said:

This all sounds like semantics to me but I'll restate my question.  Is ROC the same as AOS?

This isn't semantics. They are two completely different things.

 

K1 visa holders have to adjust their status to become green card holders. 

CR1 visa holders are green card holders the moment they step on US soil.

 

Adjustment of status (AOS) is what the K1 visa holder has to go through to get a 2 year green card.

To continue remaining in the US, two year green card holders must file Removal of Conditions (ROC). Once approved, they can receive a 10 year green card.

[Lemonslice 4,915]

10 hours ago, ram1009 said:

I'm wondering if the AOS process for CR1 visa holders is the same process that K1 visa holders are subjected to.  CR1 holders only need to be married for 2 years to avoid AOS completely, whereas K1 visa holders can't even apply for AOS for 3 years.  Doesn't seem fair.  My wife and I have been married & living together every day for almost 5 years and we're still getting pummeled by USCIS.

Do you have a question?