ChrisPr

IR-1/CR-1 spouse - removal of condition + eventually accompanying me to work abroad

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Here are two little questions about sponsoring a spouse (in my case, Japanese citizen wife). I am a US-born citizen.

(1) First, I see that the requirement to apply for removal of conditional residence status after receiving the green card applies if the residency permission is given within two years of marriage.

We were married in November 2015, and I submitted my I-130 in March 2017. Based on current wait times, it looks like I will receive word from the National Visa Center in September, but of course it could be earlier or later.

If she receives her green card after November 2017, am I correct in assuming that there will then be no requirement to remove the conditional status on her residency?

(2) Second, I am currently in graduate school and will be finished in Spring 2019. Around 2020 there is a good chance I will be looking for jobs, and I may be applying for jobs abroad. Since I am a US citizen and my wife would be accompanying me as a spouse, would this affect her ability to stay a permanent resident? Would I be stuck in the US for a certain number of years to prevent her from losing her residency status?

 

Anyway, thanks everyone for your patience and I apologize if this has been asked before.

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Yes. Your wife needs to maintain her US residency. Staying out of the US for too long will result in uscis considering her green card being abandoned. And you'll have to go through the spouse visa again. Prior to leaving she can apply for the re entry permit but that's for 2 years max (I think). Others will know more about that. 

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1.  you are correct, she will receive the ten year greencard if she enters the USA after your two year wedding anniversary, which seems very likely.

2. She would need to maintain her US residency.  However, married to a US citizen means she can apply for US citizenship three years after she got her greencard, so if you can delay a little, you two should have no issues with that.

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hi

 

ditto, so there aren't any issues, I would recommend that you wait until she becomes a USC before applying for jobs abroad

 

once she gets her GC, she will have to wait 3 years to apply for citizenship

 

she doesn't need to live in the US as a citizen and she can come and go as she pleases

 

as a resident she will have to live here, and if she gets a reentry permit, then it will delay citizenship

 

something to consider

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Thanks! This is exactly the information I needed.

In all likelihood, we will be staying in the US for at least 5 years (and won't be visiting her home country for any longer than 3 months, probably no more than one month, and once a year at most).

And I likely wouldn't be working anywhere abroad except in her home country, in which case I would become a permanent resident there, but as I said, in all likelihood not for a number of years.

Thanks!

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