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K1/K3 AOS

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Old Oct 11th 2003, 11:08 am
  #1  
Lc
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Default K1/K3 AOS

Hi everyone,

I have a question: When you marry on a K1 visa, your AOS will
immediately (or whenever it comes through) adjust your status to
Conditional Resident for two years.

What happens if you marry outside the country, and then come into the
US on a K3 visa - does this mean that you are also Conditional
Resident, or do you automatically become a lawful permanent resident?

Many thanks,

LC
 
Old Oct 11th 2003, 12:21 pm
  #2  
Steggy
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Default Re: K1/K3 AOS

LC wrote:
    >
    > Hi everyone,
    >
    > I have a question: When you marry on a K1 visa, your AOS will
    > immediately (or whenever it comes through) adjust your status to
    > Conditional Resident for two years.
    >
    > What happens if you marry outside the country, and then come into the
    > US on a K3 visa - does this mean that you are also Conditional
    > Resident, or do you automatically become a lawful permanent resident?
    >
    > Many thanks,
    >
    > LC

No both are going the same route. First Conditional, lots of
hassle, if you are lucky within an year, if not after two or
three years your interview and then the Permanent Residency.
--
steg
 
Old Oct 11th 2003, 5:03 pm
  #3  
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Default Re: K1/K3 AOS

LC,

Whether Permanent Resident status is with conditions or not depends on the length of marriage at the time AOS is granted, not on the type of visa.

If the marriage is less than two years duration when PR status is granted it is with conditions. If the marriage is more than two years duration when PR status is granted there are no conditions.

I have never figured out what happens if PR status is granted on the day of the 2nd anniversary.

Originally posted by Lc
Hi everyone,

I have a question: When you marry on a K1 visa, your AOS will
immediately (or whenever it comes through) adjust your status to
Conditional Resident for two years.

What happens if you marry outside the country, and then come into the
US on a K3 visa - does this mean that you are also Conditional
Resident, or do you automatically become a lawful permanent resident?

Many thanks,

LC
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Old Oct 11th 2003, 5:38 pm
  #4  
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If you are given conditional status, then you must apply to remove those conditions in the 90 day period prior to your 2 year anniversary, at which point you are applying to be granted the non-conditional green card.

Hmm, I wonder, that has to be a one in gosh knows how many chance that it would be on the same day as the wedding. Hmm.
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Old Oct 12th 2003, 12:49 am
  #5  
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Kamie,

For the avoidance of confusion, since most people interpret the word 'anniversary' to mean 'wedding anniversary', one must apply to remove conditions of PR status during the 90-day period prior to the expiration of their status.

It is not the 90-day period prior to their 2-year wedding anniversary.

Originally posted by ~Kamie~
If you are given conditional status, then you must apply to remove those conditions in the 90 day period prior to your 2 year anniversary, at which point you are applying to be granted the non-conditional green card.

Hmm, I wonder, that has to be a one in gosh knows how many chance that it would be on the same day as the wedding. Hmm.
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Old Oct 13th 2003, 5:38 am
  #6  
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Thanks, good idea to clarify that. I did indeed mean 2 year anniversary of applications approval.. though I celebrate such things in my house as an anniversary - I can see the confusion.
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Old Oct 13th 2003, 7:34 am
  #7  
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Originally posted by ~Kamie~
If you are given conditional status, then you must apply to remove those conditions in the 90 day period prior to your 2 year anniversary, at which point you are applying to be granted the non-conditional green card.

Hmm, I wonder, that has to be a one in gosh knows how many chance that it would be on the same day as the wedding. Hmm.

An interesting note:

My husband was granted the K3 Visa the day of my birthday!!! What a wonderful birthday gift that was. One in a million.

~Claudia
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Old Oct 13th 2003, 7:42 am
  #8  
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Default Cool!!

Hey Claudia!!

That was the best gift ever huh What a lucky girl
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Old Oct 14th 2003, 2:17 am
  #9  
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Default Re: Cool!!

Originally posted by Hypertweeky
Hey Claudia!!

That was the best gift ever huh What a lucky girl
Well, my birthday was on the 9th, so I was hoping for the same bday present, but nope! MSC hasn't been very generous lately...*g*
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