two years passed since marriage - do i need to take a full medical?

[marcella 0]

We got married two years ago and we are now applying for the AOS. Do i need to take a full medical? Im pretty sure I do, I just thought I'd double check.

I know its probably on the guidelines around here somewhere, but i swear I've gone crazy with the process and cant seem to find this out.

thanks!

[Inky 1,110]

yes you do, the k1 medical is only good for 1 year.

[marcella 0]

yes you do, the k1 medical is only good for 1 year.

thanks for the quick reply, I'm already trying to find a civil surgeon in orlando.

[JimVaPhuong 4,863]

There's a chance you're also going to need to file an I-130 along with the I-485. There's kind of a conflict in the INA about this. When you adjust status based on a K1 visa then USCIS is required to issue a conditional green card. On the other hand, if you've been married more than two years at the time you adjust status then USCIS is required to issue an unconditional green card. The implication is that USCIS can't really grant an adjustment of status based on the K1 visa if the applicant has been married to the US citizen more than two years. They get around this by allowing them to adjust status based on an immigrant visa petition - the I-130.

This doesn't happen to everyone who waits more than two years, but I've seen it happen a few times here already. The best scenario is that they'll grant the AOS based on the K1 and you'll be done with it. The annoying but not horrific scenario is that they'll send an RFE for an immigrant visa petition. The worst scenario is that they'll deny the AOS for lack of an immigrant visa petition, and you'll end up paying the AOS fees AND the I-130 fees when you refile.

I haven't seen enough of these situations to be able to give any educated advise. It might not be a bad idea to consult with an immigration attorney before you send your application. It might save you a sizable chunk of cash.

[VanessaTony 3,567]

There's a chance you're also going to need to file an I-130 along with the I-485. There's kind of a conflict in the INA about this. When you adjust status based on a K1 visa then USCIS is required to issue a conditional green card. On the other hand, if you've been married more than two years at the time you adjust status then USCIS is required to issue an unconditional green card. The implication is that USCIS can't really grant an adjustment of status based on the K1 visa if the applicant has been married to the US citizen more than two years. They get around this by allowing them to adjust status based on an immigrant visa petition - the I-130.

This doesn't happen to everyone who waits more than two years, but I've seen it happen a few times here already. The best scenario is that they'll grant the AOS based on the K1 and you'll be done with it. The annoying but not horrific scenario is that they'll send an RFE for an immigrant visa petition. The worst scenario is that they'll deny the AOS for lack of an immigrant visa petition, and you'll end up paying the AOS fees AND the I-130 fees when you refile.

I haven't seen enough of these situations to be able to give any educated advise. It might not be a bad idea to consult with an immigration attorney before you send your application. It might save you a sizable chunk of cash.

Agreed. I have seen several HAVE to send the I-130, I would hope they'd just send it back WITH the cheque if you don't send the I-130 and you need it...

[jezebelseven 0]

We filed 3 years after marriage, and did not include an I-130 (as we weren't aware that was needed after 2 years, we were informed after filling by some of the posters above). We were approved today via CSC with no interview, though, thankfully.

That being said, if I could go back in time, I would have included an I-130 in a heartbeat, for all the heartache we went through worrying about a possible denial.

I have to say I'm not even sure which green card we will get-- unconditional or conditional, like Jim mentioned. If we'd included the 130, we'd know without a doubt... but hey, even if it's conditional, I'll take it. But yeah, better safe than sorry!

[david b 2]

Just one question, how can you wait so long before applying for AOS? I have just been married and will be doing the AOS ASAP, I need to work and drive etc... is there another way around it ? How can you get by with no green card or work permit?

[Inky 1,110]

Just one question, how can you wait so long before applying for AOS? I have just been married and will be doing the AOS ASAP, I need to work and drive etc... is there another way around it ? How can you get by with no green card or work permit?

Some women are just house wifes.. stay home clean and look after the house. While the man works and does everything else. Its not as old fashioned as people think, it still exists.

[jezebelseven 0]

Some women are just house wifes.. stay home clean and look after the house. While the man works and does everything else. Its not as old fashioned as people think, it still exists.

It was the exact opposite for us, actually Kinda ironic because I'm more than happy to fit the classic housewife stereotype, I love to cook and clean and hope I'll be able to stay home often when we have kids, he is not the cooking or cleaning type but he did what he had to do!

It was financially hard, but we also didn't have the money to pay for AOS at the time due to a LOT of other things going on, so we just had to deal with it. Other things came up when we were ready to file about a year and a half ago, too, that caused us to put it on the backburner. I'd never suggest someone put it off if they can avoid it, because it's been a major stress bringer the last few years, but it's what we had to do.

The hubby did not drive for all this time, nor did he work, but we made ends meet. It's nice to finally be able to be in the passenger seat now, though, I must admit, and it'll be nice to start being able to save up a little more money in the future.

[jezebelseven 0]

When you adjust status based on a K1 visa then USCIS is required to issue a conditional green card. On the other hand, if you've been married more than two years at the time you adjust status then USCIS is required to issue an unconditional green card.

Just an update in reference to this, as we waited over 2 years to file AOS, yet did not file the I-130.

We received the green card today, and it is indeed a 2 year conditional card. So we have to do ROC come 2012.

So again, I highly suggest filing an I-130, for all the reasons mentioned before, plus it should grant you the 10 year card, so time you don't have to mess about with USCIS for awhile longer.

[VanessaTony 3,567]

Just an update in reference to this, as we waited over 2 years to file AOS, yet did not file the I-130.

We received the green card today, and it is indeed a 2 year conditional card. So we have to do ROC come 2012.

So again, I highly suggest filing an I-130, for all the reasons mentioned before, plus it should grant you the 10 year card, so time you don't have to mess about with USCIS for awhile longer.

Not only not mess with them, but ROC costs $545 or something like that. The I-130 costs $355. Don't know about you, but a $200 saving sounds good to me... not to mention the reasons you stated

[jezebelseven 0]

Not only not mess with them, but ROC costs $545 or something like that. The I-130 costs $355. Don't know about you, but a $200 saving sounds good to me... not to mention the reasons you stated

Good point! Not to mention we know how USCIS likes to raise fees, with my luck ROC will be another $1000 in two years.

[shakira08 0]

Just an update in reference to this, as we waited over 2 years to file AOS, yet did not file the I-130.

We received the green card today, and it is indeed a 2 year conditional card. So we have to do ROC come 2012.

So again, I highly suggest filing an I-130, for all the reasons mentioned before, plus it should grant you the 10 year card, so time you don't have to mess about with USCIS for awhile longer.

I want to add my story too jezebelseven. We're on the same boat too. I got married way back in 2007 before 90days of my I-94 is expired. Now We're married 3yrs. in December of this year. We filed AOS just this July of 2010 for a reason that my husband got hospitalized 3times (diabetes complication),so many follow up check-ups in the doctors (different ones), plus his business closed in 2008......So in short, we're financially drained. I came here in US as K1 & K2...........When i read this thread, i ask our agent who have a 30years specialization in Immigration in different cases, and told about that "1-130 thing" in the package. I asked him that right away to clarify things to me because im NO expert of immigration also. He replied me this "The I-130 is only included if you are being converted from anything other than a k1 or K3 visa. You will be receiving a 10-year card because your marriage is more than two years old.".

I dont know what to say, but i guess i will just wait for my interview, and lets see what will happen. We have lots of Cohabitation as proof of our marriage. As what I understood also for the 1-130, is that if your a K1, and u married after the 90days period, thats the things u need to do to file 1-130.........This is just my thought only....as i said im no expert also.

The I-130 is only included if you are being converted from anything other than a k1 or K3 visa. You will be receiving a 10-year card because your marriage is more than two years old.

[shakira08 0]

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[graciey 0]

also pls add me this sittuation im 2 years married now will 3 in december.were about to file my aos this october,just some question in proof of marriage wht include?marriage crt,joint account some properties tht name on m,e and my husband,do i also include some pictures a family pictures in the package of our aos we already have 2 kids now