[size="4"]Howdy Everyone,

I have some lengthy question here, but any feed back would be outstanding.

I am currently stationed in Iraq and have been working for the U.S. Army at just 7 years now. My Thai wife is to have her interview the 20th of June to get CR-1 Visa Status. We met in South Korea and dated for two years before marrying. We have been married at just a year now. Upon arrival she will staying with my parents untill I get back. I have another 6 to 9 months here. She is nervous about being there without me, but she said she would try and give it a shot.

We have discussed that if she is not comfortable staying there after she fullfills her entry requirement that she will go back to stay with her family in Thailand. Me and my family are already trying to get things in line for her to make her comfortable and they will help her out as much as possible. My aunt has already offered her a job.

I dont want to violate any polices that would keep me for being able to file the I-751 to remove her conditional permanent residence status. I understand that she must be married to me for two years as well as have two years time in the U.S. Within the 90 day widow of her 2nd entry anniversary she must file the I-751.

How long is she allowed to be outside the U.S. as to not hurt her 2 year requirement to remove the status?

I have been doing my homework online and I have read she must apply for a re-entry permit before she leaves to be able to come back if she is gone longer that a year. Is this true even though her visa status will fall under the multiple entry category?

It would be good to hear some info from someone that may be smarter than me on the subject.

Also does anyone know the policy for military dependants traveling on military orders while there are on conditional permanent residence status? I have to opportunity to move to a sweet assignement either in the Netherlands or Japan after I get back from here and I would be able take my wife.

Does being deployed on orders count just the same as time on U.S. soil?

Does being married to a U.S. service member allow my wife to become eligible for citizenship faster?


Thanks for everyones time.

V/r

SSG Adam Perrin

Wow, that was too big for my eyes
1. she can go outside US when she is on a conditional status but I am not sure for how long. I am in Germany connected to a military base and a friend of mine went to US just to get the GC and SSN and she came back to Germany cause her husband is still here working like a civilian for the Army. But every 6 month she travels back to US just not to loose her residency there.
2. us military bases in the world should count like US soil and you should be able to get your wife with you. you should go and ask at the JAG office.
3. about citizenship, I think the rules are the same: you said you two are married 1 year only it means she will have a conditional status the first 2 years entering in US, after that she will become a permanent resident and in 3 year can apply for citizenship. If you where married more than 2 years your wife would get the permanent residency from the start so faster to get the citizenship.

Please we are not blind, use a smaller font!

take a look at this thread it says about an expedite naturalization http://www.visajourney.com/forums/index.php?showtopic=22537

Yes, what you've read is correct. She may enter as many times as she wishes, as an LPR. I suggest she stays at least long enough to obtain the green card and SS card. You'll only be gone 9 more months, so she wouldn't need to worry about a re-entry permit if that timeline holds, no matter how long she stays on the first entry.

Being married to a US Citizen allows your spouse to become a citizen three years after she receives her green card. This is not further expedited for the spouse of a service member.

I can't address your further overseas deployment if she joins you but JAG can probably advise you on that.

Hi there,

Have you considered letting your wife stay at home for about 6mths after the visa is issued? Once the visa is issued she will have 6mths to enter the US. This way she will only be alone in the US for a few months until you get back.

Re-entry permit - I don't think that applies to a spousal visa as that is a mulitple entry visa (I'm pretty sure!)

As for travelling space A, as long as she has her dependants card and your military orders she can travel. My husband is stationed stateside and I can only travel with him on Space A, I'm not allowed to be without him. I could if he was stationed overseas.

Being deployed should be considered the same as being in the US. My husband was in JAPAN for 2 years and we didn't have a problem with his residency requirements.

Unfortunately, if your wife enters on a CR-1 visa it may take 5 years or so before she can apply for citizenship.

goodluck.

The above contains multiple errors.

1. Yes, the re-entry permit is required if an LPR leaves the US for more than one year.
2. The CR1 visa is a single entry visa but there is an immediate green card. Green Card holders can enter and exit as often as they like.
3. If your sister enters on an immigrant visa it will take 5 years to apply for citizenship. For a spouse it's 3 years.

For a spouse can be 5 years until she can apply for citizenship if when she enters US she gets the conditional residence (less than 2 years marriage)...after 2 years she will become permanent resident and she has to wait another 3 years for citizenship.

Do you have a reference that indicates entry as a CR1 falls short of the definition of legal entry as permanent resident? Conditional LPR is still LPR. The conditions are removed a year in advance of their qualification for Naturalization. Both the 10 year and 2 year green cards have expiration dates, so neither is techically permanent, just legal entry with resident status and rights.

1 and 2. He is in the military and they most likely will live on base (US soil) when he stationed in Japan or thre Nederlands, his spouse may not need a re-entry permit as she will be on his military orders. American soilder - you should have a briefing before you are transferred, your Commander will have a better understanding of what your wife will need.
3. She will be entering on a CR-1, she will need to adjust her status after two years then apply after 3 years, hence 5 years minimum. I will be entering on an IR-1 and if I choose to I will apply for Citizenship in 2010.

Found this in one of the guides here at VJ " As a spouse of a US Citizen, you can apply for citizenship 3 (three) years after approval of your Adjustment of Status. Back at the AOS interview, your passport was stamped with the I-551 stamp and a date. The 3 year countdown begins with that date. This 3 year period does not include long absences from the United States. "

1. This is still an error. The OP said his wife may return to her home country to await his arrival and yes the re-entry permit applies to all LPR's. Whether traveling on military orders or living on US soil abroad changes things is irrelevant to your initial assertion.

2. The CR1 visa is not multiple entry. CR1 visa holders receive a green card soon after entry and may travel as they wish, subject to the re-entry issue.

3. Thanks for the reference. If correct, and I assume it is, that changes things.

1. This is still an error. The OP said his wife may return to her home country to await his arrival and yes the re-entry permit applies to all LPR's. Whether traveling on military orders or living on US soil abroad changes things is irrelevant to your initial assertion.

2. The CR1 visa is not multiple entry. CR1 visa holders receive a green card soon after entry and may travel as they wish, subject to the re-entry issue.

3. Thanks for the reference. If correct, and I assume it is, that changes things.
[/quote]



1 and 2. I have just looked at some old posts, still recent, and there have been many people who are on CR1 and left the US without a re entry permit. I hope this link works - http://www.visajourney.com/forums/lofivers...php/t28122.html

Also, I think she will only need a re entry permit if she is out of the country for more than year. There is a possibilty she may not need one because she will be out of the US because of her husband, who is out of the US because of the military. I do think that being in the military changes some things, especially residency requirements.

3. You're welcome, we chose the IR1 route because of less paperwork, I HATE paperwork!!

goodluck at your interview, mine is a few days after yours!!

Well, judge for yourself. Here's question you answered by saying a re-entry permit isn't required with the multiple entry CR1 visa.

I have been doing my homework online and I have read she must apply for a re-entry permit before she leaves to be able to come back if she is gone longer that a year. Is this true even though her visa status will fall under the multiple entry category?

Your answer was wrong on both counts. CR1 is not a multiple entry visa and the re-entry permit is required under the circumstances described in the question.

Thank you very much ....good luck to you too...when is your interview?

Thank you very much ....good luck to you too...when is your interview?
[/quote]


Hey there,

I don't want to tell anyone when my interview is, I don't want to jinx it!!!!!! But it is soon!!

AOS is for K-3, not CR-1. you start counting when you get your green card, 2 year or 10 year. You get your green card when you enter the U.S. wether a CR-1 or IR-1. Mike & Zhen GOOD LUCK ! ! ! ! !

Hey there,

Adjustment of Status does apply to a CR-1, because she will be a conditional resident. At the 2 year mark or before she must adjust her status.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Well, correct a CR1 does not adjust status. They remove conditions. The reference to the three year clock beginning after adjusting status is for a K visa entry, not CR1. I was pretty sure three years from entry was correct for CR1.

I may be confusing adjusting status and removing conditions. Sorry!!

Just to clarify (and maybe someone already has and I missed it), if the spouse of a US citizen enters the US on a CR-1 visa, he/she can apply for citizenship after three years of residing in the US. It doesn't matter that the visa is a CR-1 and not an IR-1, it still counts towards the three years requirement.

Best wishes to all,
Mary

Ok, as there seems to be some confusion going let's get things straight@

OP's wife will get CR1 visa. Once she receives it, she has 6 months to activate the visa. Upon entering, 2 years start to count. 3 months (90 days) before 2nd anniversary of entering the US, the OP and his wife will file for removal of conditions on her residency, and she will receive 10 year GC. One year later, which is 3 year anniversary of entering the States, OP's wife can file for naturalization.

The deal with expedited naturalization is that it only applies to active duty military personnel deployed overseas. If OP in an unlikely case is deployed again for 12 months, after his wife enters she can file for expedited naturalization. See the link below.


http://www.visajourney.com/forums/index.ph...+naturalization

Hope we are all clear on everything now.

edited for typos

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Greetings Everyone,

First of all I really appreciate all of you that have taken the time to repond to my questions. Thank you.

I understand now that the CR-1 Visa is just used as a way to get into the United States. At the time of entry you are eligible for a Alien Registration Receipt Card ("green card") that grants conditional permanent residence. The status must be adjusted to permanent within the 90 day window of the second entry anniversary with form I-751. Do I get that green card on entry or will it be mailed to us?.

From what I have read is it also correct she will alredy have her EAD and SSN under this category? If so will she receive the cards/documentation upon entry or will it be mailed to us?

The text in bold below is an excerpt I found from the Travel.State.gov website. It clarifies the topic of our discussion.

http://travel.state.gov/visa/immigrants/info/info_1333.html#

A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee.

A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security for Reentry Permit. The permit is valid for two years and may not be extended. If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission.

A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with USCIS prior to departure from the United States. Further information may be obtained from the USCIS office having jurisdiction over the alien''s place of residence in the United States.

Travel documents required for entry into foreign countries come within the jurisdiction of the government concerned; information on such matters should be requested from the representatives of those countries in the United States. A Reentry Permit contains space for visas issued by consular representatives of other countries.

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

I wish all of your families good luck, happiness, and health in the future.

Adam

When she enters through PoE her passport will be stamped with I-551 which is good for a year. After couple of weeks - could take couple of months, she should get her GC in mail (make sure her name is on or in the mailbox as there are accounts of people whose GC have been returned because their name wasn't there). If she ticked yes for the SSN card to be issued to her, she should receive it in 2 weeks, but in some cases it has been known to last longer than that. In any case, if she does not have SSN in two weeks, she should go to the nearest SSa office and request the card - they will check that she is in the system and get her a card. Count on time delays just in case. She does not need EAD since GC already gives her the right to work - until she gets a real GC she can show the stamped I-551 CR1 visa page in her passport. Should she want to travel, and GC is not there yet, she can use her passport with stamped I-551.

Best of luck to you and your wife!

Greetings Everyone,

First of all I really appreciate all of you that have taken the time to repond to my questions. Thank you.

I understand now that the CR-1 Visa is just used as a way to get into the United States. At the time of entry you are eligible for a Alien Registration Receipt Card ("green card") that grants conditional permanent residence. The status must be adjusted to permanent within the 90 day window of the second entry anniversary with form I-751. Do I get that green card on entry or will it be mailed to us?.

From what I have read is it also correct she will alredy have her EAD and SSN under this category? If so will she receive the cards/documentation upon entry or will it be mailed to us?

The text in bold below is an excerpt I found from the Travel.State.gov website. It clarifies the topic of our discussion.

http://travel.state.gov/visa/immigrants/info/info_1333.html#

A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee.

A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security for Reentry Permit. The permit is valid for two years and may not be extended. If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission.

A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with USCIS prior to departure from the United States. Further information may be obtained from the USCIS office having jurisdiction over the alien''s place of residence in the United States.

Travel documents required for entry into foreign countries come within the jurisdiction of the government concerned; information on such matters should be requested from the representatives of those countries in the United States. A Reentry Permit contains space for visas issued by consular representatives of other countries.

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

I wish all of your families good luck, happiness, and health in the future.

Adam

Hello Again,

I have made my mother and her address as a choice of agent for receiving Visa Paperwork. In reference to person having issues of their green card being returned, is this address they are going to use for mailing green cards?

Does anyone have any information on who to contact if I do have issues receiving my wifes green card?

I have also put my mothers address as our address of residence untill I get back from Iraq as that is where my wife will be staying. Is there anything we can do to make sure have no issues receiving the green card in the mail?

Thanks again for the help.

Adam

Have your mother notify the local post office that she will be receiving mail in your name and that of your wife. Use her name as shown on the petition. This is supposed to keep the letter carrier from refusing to put the mail in the box. If your mother can also talk to the mail carrier and any substitute that can help too. I just caught my mail carrier one day and he gave me a form to fill out with all the names.