AOS for K-3/4 with Permanent Status

[rogerinca]

I know we have some dedicated/experienced experts on the board, with respect to the AOS process, who may be able to clarify this aspect of this statement of fact from one of the VJ Guides:

 

What is the status of a K3 after approval of Adjustment of Status?

 

If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents.

 

My question is: As our two year anniversary will be in early November 2008, and I anticipate my wife and daughter will arrive sometime in July, some four months prior to that date, should I hold up on filing for AOS until after the anniversary date, or maybe closer to it; or just go ahead and file soon after their arrival and hope/assume that the processing is not finalized prior to our anniversary date ??

 

I note that some adjust fast and some not so fast. Work permit and SSN are not priorities in my case.

 

Also, while we are at it, all of my research indicates that I will need the AOS fee of $1010 for [both] my wife and daughter, for a total of $2020 to file AOS, is this correct ??

[Randy W]

Yes -go for the 10 year card by delaying the application. I'd give it a couple of months after they arrive to be on the safe side.

 

Even so, you can apply for EAD before you send in the AOS application to be safe there, as well.

 

Remember that they will not be eligible for an SS card until one of the two is received, and the green card can take up to 2 or 3 years.

Edited May 9, 2008 by Randy W (see edit history)

[rogerinca]

Yes -go for the 10 year card by delaying the application. I'd give it a couple of months after they arrive to be on the safe side.

 

Even so, you can apply for EAD before you send in the AOS application to be safe there, as well.

 

Remember that they will not be eligible for an SS card until one of the two is received, and the green card can take up to 2 or 3 years.

 

 

Understand !!

 

Good point on the EAD, for the SSN, pending the GC issuance !!

 

Thanks Randy !!

[david_dawei]

I don't think delaying is really worthwhile... meaning...

 

They will get here.. you'll take a month just to build the package, get the civil surgeon thingy done, etc.

 

Unless you really think that your GC will get approved in that 3 months, you only have to have the 2 yr anniversary PRIOR to the AOS approval; the biometric appointment will come first and that will take around a month after filing.

 

See what others are experience for time in your local office area but I'm thinking that 3 months is the fastest possible time around the country and occurs in very low applicant areas; I doubt that is your area! Certainly you don't want to miss out on this ability to get the 10 yr GC, so I'm sure you'll play it a little conservative. Even if a world record interview was scheduled, you can reschedule it.

Edited May 12, 2008 by DavidZixuan (see edit history)