confusion with AOS

[gmark]

I have read somewhere that once the spousal visa is approved, and passport all stamped at POE, they are now considered an unconditional permanent resident, and can apply for citizenship in 3 years.  Another booklet says that they have to apply for the adjustment of status, and have the 2 year conditional residency, and must submit forms in case they want to leave the country for a trip, just like the K-1 visas.  Please tell me the truth in this matter. What status is a spouse upon arriving in the US, and when do they get the green card.  Thanks.

[Ray]

... in response to confusion with AOS, posted by gmark on Jan 7, 2002

It depends on how long they have been married upon arrival in the US.

Less than 2 years = conditional green card good for 2 years

2+ years = permanent card

Either way, she would usually automatically receive a green card within a few weeks after entry.

Ray

[gmark]

... in response to Re: confusion with AOS, posted by Ray on Jan 7, 2002

So does the immigrant (spousal visa) still have to file the I-485 for adjustment of status after arriving in the US?  And do they still have to undergo an INS interview and medical exam for the adjustment of status?  Thanks

[Ray]

... in response to still confused with AOS, posted by gmark on Jan 8, 2002

The spouse arrives in the US as a legal permanent resident so there is no adjustment of status involved.

(Of course, the new law will probably change all this anyway)

Ray

[gmark]

... in response to Re: still confused with AOS, posted by Ray on Jan 8, 2002

That is what I thought, but I had purchased one of those spousal visa immigration packets from US-immigration, and had forms and instructions to fill out I-485 upon arrival in US.