K-3, AOS? Please HELP!!!

[MissStacey 1]

Thanks for the link. I guess I misunderstood.

It's easy to misunderstand. As long as he's in no hurry to work, there's no hurry to file AOS. I actually waited to file, so that our two-year wedding anniversary would occur before the AOS interview. That would give my wife and daughter 10 year green cards instead of 2 year cards. It saves a lot of hassle and about $500 each in fees to remove conditions.

When you're ready, just file for AOS and EAD together, paying $1010. Make sure you do so a few months before his I-94 expires. Or file three months or so before he needs to work, whichever works best for you.

We ended up filing two months earlier than we wanted to, in order to avoid the higher fees but I wasn't going to cut it close. I made sure the papers got there a few days before the increase went into effect but only a few days, because I actually want to be delayed by the rush but not have anybody confused about whether we paid the correct fee.

Really? If the AOS interview is done after you have been married 2 years- you get a 10 year instead of a 2?

I didn't know that.

[pushbrk 12,569]

Thanks for the link. I guess I misunderstood.

It's easy to misunderstand. As long as he's in no hurry to work, there's no hurry to file AOS. I actually waited to file, so that our two-year wedding anniversary would occur before the AOS interview. That would give my wife and daughter 10 year green cards instead of 2 year cards. It saves a lot of hassle and about $500 each in fees to remove conditions.

When you're ready, just file for AOS and EAD together, paying $1010. Make sure you do so a few months before his I-94 expires. Or file three months or so before he needs to work, whichever works best for you.

We ended up filing two months earlier than we wanted to, in order to avoid the higher fees but I wasn't going to cut it close. I made sure the papers got there a few days before the increase went into effect but only a few days, because I actually want to be delayed by the rush but not have anybody confused about whether we paid the correct fee.

Really? If the AOS interview is done after you have been married 2 years- you get a 10 year instead of a 2?

I didn't know that.

It's nice to know you can still learn something every day.

The "conditions" others must have removed later are because the green card was issued based on a marriage of less than two years. It's the same pricipal that applies to an immigrant visa. If the US entry occurs after the two year wedding anniversary, you get a 10 year card. If the visa is issued after the two year anniversary you get an IR1 visa instead of CR1, also resulting in a 10 year card.

Delaying AOS is not a good choice for everybody.

[Urge To Race 2]

Absolutely agree that its not for everyone. For us it is a good idea. My wife will need to be able to travel back to visit her folks and then back to the states, which the K3 will let her do since its multiple entry. She has no plans to work immediately, and can/will easily wait two+ years.

You'll want to carefully evaluate your own priorities and circumstances after US entry. My strategy isn't for everybody. In our case, we could file for EAD separately and did so.

Fantastic. I was thinking of eventually doing the same thing. I would eventually have posed a question here asking if this was possible and a good idea (waiting for AOS so that the 2 year wedding anniversary passes before AOS interview), but I didn't want to put the cart before the horse. But now I know!

Cheers.

Thanks for the link. I guess I misunderstood.

It's easy to misunderstand. As long as he's in no hurry to work, there's no hurry to file AOS. I actually waited to file, so that our two-year wedding anniversary would occur before the AOS interview. That would give my wife and daughter 10 year green cards instead of 2 year cards. It saves a lot of hassle and about $500 each in fees to remove conditions.

When you're ready, just file for AOS and EAD together, paying $1010. Make sure you do so a few months before his I-94 expires. Or file three months or so before he needs to work, whichever works best for you.

We ended up filing two months earlier than we wanted to, in order to avoid the higher fees but I wasn't going to cut it close. I made sure the papers got there a few days before the increase went into effect but only a few days, because I actually want to be delayed by the rush but not have anybody confused about whether we paid the correct fee.

[JonathansWife 0]

Yes, I think we will be waiting to file AOS but still do the EAD. Thanks for the input, Reba. And congrats on your case!

Edited September 11, 2007 by JonathansWife

[misa 2]

Really? If the AOS interview is done after you have been married 2 years- you get a 10 year instead of a 2?

I didn't know that.

Yup!

I thought about it (briefly) prior to filing, but I decided I wanted PR status even though it is conditional. We haven't been married that long and to wait until after our 2 year anniversary would cut it a little too close for my liking. I didn't want to have to deal with an expired I-94 if my AOS was held up for whatever reason.

[MissStacey 1]

Really? If the AOS interview is done after you have been married 2 years- you get a 10 year instead of a 2?

I didn't know that.

Yup!

I thought about it (briefly) prior to filing, but I decided I wanted PR status even though it is conditional. We haven't been married that long and to wait until after our 2 year anniversary would cut it a little too close for my liking. I didn't want to have to deal with an expired I-94 if my AOS was held up for whatever reason.

I knew that if you have filed after 2 years of marriage you receive a 10 year card instead of a 2 year.

What I'm confused about is- if the 2 year anniversary comes around while you are in the US awaiting the AOS interview- do you get the 10 year?

[payxibka 10,045]

I knew that if you have filed after 2 years of marriage you receive a 10 year card instead of a 2 year.

What I'm confused about is- if the 2 year anniversary comes around while you are in the US awaiting the AOS interview- do you get the 10 year?

Magic date is when the greencard is approved/issued... after two year mark then 10 year card....

[MissStacey 1]

I knew that if you have filed after 2 years of marriage you receive a 10 year card instead of a 2 year.

What I'm confused about is- if the 2 year anniversary comes around while you are in the US awaiting the AOS interview- do you get the 10 year?

Magic date is when the greencard is approved/issued... after two year mark then 10 year card....

So, in that respect- would being stuck in FBI namecheck be a good thing if it pushes you over the 2 years mark?

[payxibka 10,045]

I knew that if you have filed after 2 years of marriage you receive a 10 year card instead of a 2 year.

What I'm confused about is- if the 2 year anniversary comes around while you are in the US awaiting the AOS interview- do you get the 10 year?

Magic date is when the greencard is approved/issued... after two year mark then 10 year card....

So, in that respect- would being stuck in FBI namecheck be a good thing if it pushes you over the 2 years mark?

Other than keeping your EAD and or AP (if required) documents fresh....I suppose you could look at it that way.....

[MissStacey 1]

I knew that if you have filed after 2 years of marriage you receive a 10 year card instead of a 2 year.

What I'm confused about is- if the 2 year anniversary comes around while you are in the US awaiting the AOS interview- do you get the 10 year?

Magic date is when the greencard is approved/issued... after two year mark then 10 year card....

So, in that respect- would being stuck in FBI namecheck be a good thing if it pushes you over the 2 years mark?

Other than keeping your EAD and or AP (if required) documents fresh....I suppose you could look at it that way.....

As a K-3. I don't need AP. I sent my EAD separate from the AOS so I will have 2 years on it.

I have 9 months until 2nd Anniversary- if my interview or greencard is issued after that, that would be nice. Not having to worry about removing conditions would be lovely.

Now that I actually want this process to be slow- I'll probably get my Interview soon

[payxibka 10,045]

I knew that if you have filed after 2 years of marriage you receive a 10 year card instead of a 2 year.

What I'm confused about is- if the 2 year anniversary comes around while you are in the US awaiting the AOS interview- do you get the 10 year?

Magic date is when the greencard is approved/issued... after two year mark then 10 year card....

So, in that respect- would being stuck in FBI namecheck be a good thing if it pushes you over the 2 years mark?

Other than keeping your EAD and or AP (if required) documents fresh....I suppose you could look at it that way.....

As a K-3. I don't need AP. I sent my EAD separate from the AOS so I will have 2 years on it.

I have 9 months until 2nd Anniversary- if my interview or greencard is issued after that, that would be nice. Not having to worry about removing conditions would be lovely.

Now that I actually want this process to be slow- I'll probably get my Interview soon

You do need AP if your AOS is not approved before your K-3 visa exires (that is why I said IF required)

[MissStacey 1]

Thanks Fwaguy!