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Full Version: CR1 conditional status and all that jazz
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

Dragonsbreath
Men and my husband got married in Norway in 2005. I entered the US on a CR1 Visa that year. We resided there for 1 year and then we both moved to Norway. We have been here for almost a year, and now it is time to file the forms to have my conditional status removed... We ARE planning to move back to the US in the near future, but I was wondering what would happen if I did NOT file to have the conditional status removed, would we have to start all over again from scratch with the visa? We are lucky enough to be able to settle most of the visa applications locally at the American Embassy in Oslo. But would they deny us the second time around or something like that, are there rules regarding all this?

Thanks

Annie
Dragonsbreath
I meant ME and my husband! good.gif Where the frick is the edit button already!! no0pb.gif
MargotDarko
QUOTE(Dragonsbreath @ Oct 5 2007, 09:35 AM) *
I meant ME and my husband! good.gif Where the frick is the edit button already!! no0pb.gif


If you've been in Norway for almost a year without a re-entry permit, it's possible you've already lost your PR status. A PR should not leave the US for a year without a re-entry permit, and it's up to the discretion of the officer even in cases of less than a year on whether or not you've abandoned your US residence. In order to remove conditions, you need to show that you're still living with your spouse in the US, which you can't really show.

If you are unable to remove conditions or if you're already considered to have abandoned your PR status, then yes, you'll need to start from scratch. You might get a bit of guff about having to show you're serious about moving to the US and settling this time around, but there certainly isn't a rule about it and they certainly wouldn't deny you simply for having abandoned your status previously.
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