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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.

... 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

... 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

... 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

... 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.