Sequence for AOS

[True Blue]

(1) Pay fee and get 2 year green card.

(2) Pay fee and get 10 year green card.

(3) After 3 years if want to become US Citizen then apply

 

Is there a way to skip paying the fee for the 10 year green card or will my spouse get booted from the US if she tries to stay after the 2 year gren card expires until she can apply for citizenship?

[dnoblett]

Only way to avoid fee for I-751 (Removal of conditions) is to adjust status after 2 years of marriage,

 

K-3 can get away with this because they get a 2 year I-94 card and have legal status as a non-immigrant for 2 years, K-3 can file an OPTIONAL I-765 for a work permit (Pay a fee) down side is the medical for the K-3 is only valid for 1 year, so need to adjust status within 1 year of the visa medical or be slapped with having to do a FULL medical to adjust status and pay a doctor nearly as much as removal of conditions fee.

 

K-1 on the other hand should file to adjust status shortly after marriage, their I-94 card is only valid 90 days, after that and the K-1 holder goes out of status, and can be detained if they encounter a CBP officer when they are out of status, also if out of status more than 6 months, and they attempt to travel using an AP doc, they can be bared from re-entry to the USA.

 

If I-751 is NOT filed within 90 days before a 2 YEAR CR-Green-card expiration, the penalty is revoked status, and removal proceedings. I-751 MUST me filed to remove conditions. Yo cannot file a N-400 when LPR status is revoked.

[dnoblett]

Note: If you wish to avoid all these fees, do like Kyle, wile living in China, marry and then file for an IR-1 Immigrant visa after 2 years of marriage DCF for an IR-1 is the least expensive route. NO AOS, NO Removal of conditions, the immigrant gets an unconditional 10 year green-card upon entry to the USA.

 

K-1 is the most expensive route considering AOS, and removal of conditions.

[True Blue]

Only way to avoid fee for I-751 (Removal of conditions) is to adjust status after 2 years of marriage,

 

K-3 can get away with this because they get a 2 year I-94 card and have legal status as a non-immigrant for 2 years, K-3 can file an OPTIONAL I-765 for a work permit (Pay a fee) down side is the medical for the K-3 is only valid for 1 year, so need to adjust status within 1 year of the visa medical or be slapped with having to do a FULL medical to adjust status and pay a doctor nearly as much as removal of conditions fee.

 

K-1 on the other hand should file to adjust status shortly after marriage, their I-94 card is only valid 90 days, after that and the K-1 holder goes out of status, and can be detained if they encounter a CBP officer when they are out of status, also if out of status more than 6 months, and they attempt to travel using an AP doc, they can be bared from re-entry to the USA.

 

If I-751 is NOT filed within 90 days before a 2 YEAR CR-Green-card expiration, the penalty is revoked status, and removal proceedings. I-751 MUST me filed to remove conditions. Yo cannot file a N-400 when LPR status is revoked.

Thanks for your prompt response. We did the K-1 so we will need to pay for the I-751. Oh well, our money goes to pay the salaries of the

people at USCIS so without the high fees they would probably lay off more workers and have even longer delays

[3timescharm]

Only way to avoid fee for I-751 (Removal of conditions) is to adjust status after 2 years of marriage,

 

K-3 can get away with this because they get a 2 year I-94 card and have legal status as a non-immigrant for 2 years, K-3 can file an OPTIONAL I-765 for a work permit (Pay a fee) down side is the medical for the K-3 is only valid for 1 year, so need to adjust status within 1 year of the visa medical or be slapped with having to do a FULL medical to adjust status and pay a doctor nearly as much as removal of conditions fee.

 

K-1 on the other hand should file to adjust status shortly after marriage, their I-94 card is only valid 90 days, after that and the K-1 holder goes out of status, and can be detained if they encounter a CBP officer when they are out of status, also if out of status more than 6 months, and they attempt to travel using an AP doc, they can be bared from re-entry to the USA.

 

If I-751 is NOT filed within 90 days before a 2 YEAR CR-Green-card expiration, the penalty is revoked status, and removal proceedings. I-751 MUST me filed to remove conditions. Yo cannot file a N-400 when LPR status is revoked.

Thanks for your prompt response. We did the K-1 so we will need to pay for the I-751. Oh well, our money goes to pay the salaries of the

people at USCIS so without the high fees they would probably lay off more workers and have even longer delays B)

There is one other way but I think AOS is moving faster now. When I was married to my EX from Russia, It took longer than 2 years for our AOS to be approved so she got 10 year green card instead of 2 year with conditions. She never had a 2 year card.

[dnoblett]

There is one other way but I think AOS is moving faster now. When I was married to my EX from Russia, It took longer than 2 years for our AOS to be approved so she got 10 year green card instead of 2 year with conditions. She never had a 2 year card.

Yep, there are a few members on CFL that had the same happen, AOS got stuck in Name Check Hell, by the time FBI finished check, the resulting Green-Card was 10 year.

 

I did read of someone stuck in Name check hell, when it finally cleared that and they were interviewed, the AOS interview was a few days before two years of marriage, the IO noted that and held off approving the AOS for a few days until after 2 years of marriage, the IO felt that the couple went through enough only to have to deal with removal of conditions 2 years later.