File AOS after 2-year anniversary?

[shaffej7070]

Hi CFL,

 

Lao Po is arriving next month and I've been researching AOS and EAD filing. Our 2-year anniversary is next Feb., so the question is should we wait till then to file AOS to avoid conditional green card. In the meantime, we can file EAD, right? Thanks for the input.

[dnoblett]

Yes, that is an option for K-3s, the K-3 is a 2 year multi entry visa that allows travel, and can even be renewed at the end of the 2 year period. It is designed that way so that a couple could either wait out the CR-1/IR-1 visa process in the USA or file for AOS at any time during its validity period.

 

You can file for EAD, and it will be good for 1 year, and you can then apply for SSN using the EAD card.

[tywy_99]

It's a bit of a loophole in the current INA laws that might be amended one day.

The law says that an immgrant can apply for AOS if the immigrant is in the USA.

The inention of the K3 was to bring families together sooner while waiting the very long and arduous IV process. It was specifially set up for LPR's and their families but the law also applies to USC's and their families who don't have to wait nearly as long as family members of LPRs.

That's a good thing, I guess but if that's the case, why not do away with the IV and only pursue the K3 and then AOS, at least for USC's and their families? Eliminate the IV altogether. It looks like the USCIS is taking steps in that direction with the current I-824 now needed. I think they need to revamp the law to make it more efficient than it is now.

[SheLikesME?]

TY, let me move my question over here from the Merc/Duke thread: Can you give me your source of the Q & A?

 

I decided to wait on filing AOS so the interview comes after our two-year anniversarry. Wife's EAD was approved last week so she can get a SSN and go to work if she wants.

 

Q..Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.

The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

*********

 

I came across the information above.

It's taking a big chance to delay AOS application. The USCIS will look down on it and possibly deny the green card. They, more than certain, will question your motive.

As it says above, the USCIS is looking for a good faith effort on part of the K3 to obtain residency in the United States.

To punch holes in the intent of the K3 is risky.

I can just imagine the apprehension shortly before going to the AOS appointment!

 

You're treading perilous waters. Good luck.

Hey TY where did you get the question and answers? Originally I objected about delaying for the 10 year card to a friend of mine doing just that. But she is reading and following the rules. I can understand that, but this Q/A you have looks interesting. Is this in USCIS web site or BUZ speaks? I guess I'll pass the info along to her. Don't think it will change her mind though.

 

PS: seems I was posting and or starting a new thread about this back when this was going on and didn't know it, because of the girl.

[dnoblett]

From USCIS site:

(8) Period of admission for K3/K-4 status . Aliens entering the United States as a K-3 shall be admitted for a period of 2 years. Aliens entering the United States as a K-4 shall be admitted for a period of 2 years or until that alien's 21st birthday, whichever is shorter. (Paragraph (k)(8) added 8/14/01; 66 FR 42587)

 

(9) Employment authorization . An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay. K-1/K-2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to ¡ì 274a.12(a)(6) of this chapter. K-3/K-4 aliens must apply to the Service for a document evidencing employment authorization pursuant to ¡ì 274a.12(a)(9) of this chapter. Employment authorization documents issued to K-3/K-4 aliens may be renewed only upon a showing that the applicant has an application or petition awaiting approval, equivalent to the showing required for an extension of stay pursuant to ¡ì 214.2(k)(10) . (Paragraph (k)(9) added 8/14/01; 66 FR 42587)

 

(10) Extension of stay for K-3/K-4 status . (i) General . A K-3/K-4 alien may apply for extension of stay, on Form I-539, Application to Extend/Change Nonimmigrant Status, 120 days prior to the expiration of his or her authorized stay. Extensions for K-4 status must be filed concurrently with the alien's parent's K-3 status extension application. In addition, the citizen parent of a K-4 alien filing for extension of K status should file Form I-130 on their behalf. Extension will be granted in 2-year intervals upon a showing of eligibility pursuant to section 101(a)(15)(K)(ii) or (iii) of the Act. Aliens wishing to extend their period of stay as a K-3 or K-4 alien pursuant to ¡ì 214.1(c )(2) must show that one of the following has been filed with the Service or the Department of State, as applicable, and is awaiting approval: (Paragraph (k)(10) added 8/14/01; 66 FR 42587)

http://www.uscis.gov/propub/ProPubVAP.jsp?...c4f52a9c4795f46

 

 

They should file for AOS within that 2 year period, it does not specify that it needs to be done A.S.A.P., the period of stay can even be extended beyond the 2 years alloted by the visa.

[Randy W]

From USCIS site:

(8) Period of admission for K3/K-4 status . Aliens entering the United States as a K-3 shall be admitted for a period of 2 years. Aliens entering the United States as a K-4 shall be admitted for a period of 2 years or until that alien's 21st birthday, whichever is shorter. (Paragraph (k)(8) added 8/14/01; 66 FR 42587)

 

(9) Employment authorization . An alien admitted to the United States as a nonimmigrant under section 101(a)(15)(K) of the Act shall be authorized to work incident to status for the period of authorized stay. K-1/K-2 aliens seeking work authorization must apply, with fee, to the Service for work authorization pursuant to ¡ì 274a.12(a)(6) of this chapter. K-3/K-4 aliens must apply to the Service for a document evidencing employment authorization pursuant to ¡ì 274a.12(a)(9) of this chapter. Employment authorization documents issued to K-3/K-4 aliens may be renewed only upon a showing that the applicant has an application or petition awaiting approval, equivalent to the showing required for an extension of stay pursuant to ¡ì 214.2(k)(10) . (Paragraph (k)(9) added 8/14/01; 66 FR 42587)

 

(10) Extension of stay for K-3/K-4 status . (i) General . A K-3/K-4 alien may apply for extension of stay, on Form I-539, Application to Extend/Change Nonimmigrant Status, 120 days prior to the expiration of his or her authorized stay. Extensions for K-4 status must be filed concurrently with the alien's parent's K-3 status extension application. In addition, the citizen parent of a K-4 alien filing for extension of K status should file Form I-130 on their behalf. Extension will be granted in 2-year intervals upon a showing of eligibility pursuant to section 101(a)(15)(K)(ii) or (iii) of the Act. Aliens wishing to extend their period of stay as a K-3 or K-4 alien pursuant to ¡ì 214.1(c )(2) must show that one of the following has been filed with the Service or the Department of State, as applicable, and is awaiting approval: (Paragraph (k)(10) added 8/14/01; 66 FR 42587)

http://www.uscis.gov/propub/ProPubVAP.jsp?...c4f52a9c4795f46

 

 

They should file for AOS within that 2 year period, it does not specify that it needs to be done A.S.A.P., the period of stay can even be extended beyond the 2 years alloted by the visa.

 

 

Appeals are made, court cases are filed, and people are sent home while awaiting clarification (as we know from our K-2)

Edited May 8, 2007 by Randy W (see edit history)

[tywy_99]

TY, let me move my question over here from the Merc/Duke thread: Can you give me your source of the Q & A?

 

I decided to wait on filing AOS so the interview comes after our two-year anniversarry. Wife's EAD was approved last week so she can get a SSN and go to work if she wants.

 

Q..Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?

A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.

The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

*********

 

I came across the information above.

It's taking a big chance to delay AOS application. The USCIS will look down on it and possibly deny the green card. They, more than certain, will question your motive.

As it says above, the USCIS is looking for a good faith effort on part of the K3 to obtain residency in the United States.

To punch holes in the intent of the K3 is risky.

I can just imagine the apprehension shortly before going to the AOS appointment!

 

You're treading perilous waters. Good luck.

Hey TY where did you get the question and answers? Originally I objected about delaying for the 10 year card to a friend of mine doing just that. But she is reading and following the rules. I can understand that, but this Q/A you have looks interesting. Is this in USCIS web site or BUZ speaks? I guess I'll pass the info along to her. Don't think it will change her mind though.

 

PS: seems I was posting and or starting a new thread about this back when this was going on and didn't know it, because of the girl.

http://www.visaking.com/k1visafaq.html#14.2

 

It only makes good sense to file for AOS as soon as possible instead of circumventing the law. K1 visa people have to file within 90 days or be out of status completely. It doesn't quite seem to work that way with the K3 since it is good for 2 years thereby allowing some people to take advantage of it.

Maybe it is a good thing. More than likely the marriage is genuine if the couple can stay together for 2 or more years before filing AOS.

I'd like to hear from someone who has done this to see what happend.

I'll be anxiously waiting to hear from Mike in 2009 or 2010