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Posted

Hey all,

My wife will be entering the US on her CR1 visa this tuesday, and have her green card within a month or so. I'm pretty sure we are going to have to file for removing conditions, but I'm not 100% on the process, when to file, etc... any info is much appreciated.

US born, Canadian raised, Irish Blood.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

If you have been married 2 years when she uses the CR-1 to enter then she would not receive a two year conditional card but a 10 year PR card and would not have to remove conditions. If you have been married less than 2 years when she enters the US on the CR-1, then the date that she enters is the start of her two year conditional residency. She would need to file to remove conditions during the window that opens up 90 days before the 2nd anniversary of her entering the US but no later than the 2nd anniversary date of her entry. The date she becomes a permanent resident will be printed right on the card itself.

You must be excited! Congratulations and hope she has an easy POE.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Posted
If you have been married 2 years when she uses the CR-1 to enter then she would not receive a two year conditional card but a 10 year PR card and would not have to remove conditions. If you have been married less than 2 years when she enters the US on the CR-1, then the date that she enters is the start of her two year conditional residency. She would need to file to remove conditions during the window that opens up 90 days before the 2nd anniversary of her entering the US but no later than the 2nd anniversary date of her entry. The date she becomes a permanent resident will be printed right on the card itself.

You must be excited! Congratulations and hope she has an easy POE.

See that's what I've been trying to figure out, We've been married about three and a half years, so she shouldn't have to remove conditions, right? If she just automatically gets a PR card within the next month or so, and it's good for 10 years, then what's the next step towards citizenship for her? (and yes I'm very very excited, her and my boy are here in less than two days :D )

US born, Canadian raised, Irish Blood.

Posted
If you have been married 2 years when she uses the CR-1 to enter then she would not receive a two year conditional card but a 10 year PR card and would not have to remove conditions. If you have been married less than 2 years when she enters the US on the CR-1, then the date that she enters is the start of her two year conditional residency. She would need to file to remove conditions during the window that opens up 90 days before the 2nd anniversary of her entering the US but no later than the 2nd anniversary date of her entry. The date she becomes a permanent resident will be printed right on the card itself.

You must be excited! Congratulations and hope she has an easy POE.

See that's what I've been trying to figure out, We've been married about three and a half years, so she shouldn't have to remove conditions, right? If she just automatically gets a PR card within the next month or so, and it's good for 10 years, then what's the next step towards citizenship for her? (and yes I'm very very excited, her and my boy are here in less than two days :D )

If she gets the 10-yr card (as she should based on your marriage length) she'll be free from USCIS for 3 years minus 90 days. Then she can apply for N-400.

Best of luck to you and enjoy your USCIS free time!

ROC 2009
Naturalization 2010

Posted
If you have been married 2 years when she uses the CR-1 to enter then she would not receive a two year conditional card but a 10 year PR card and would not have to remove conditions. If you have been married less than 2 years when she enters the US on the CR-1, then the date that she enters is the start of her two year conditional residency. She would need to file to remove conditions during the window that opens up 90 days before the 2nd anniversary of her entering the US but no later than the 2nd anniversary date of her entry. The date she becomes a permanent resident will be printed right on the card itself.

You must be excited! Congratulations and hope she has an easy POE.

See that's what I've been trying to figure out, We've been married about three and a half years, so she shouldn't have to remove conditions, right? If she just automatically gets a PR card within the next month or so, and it's good for 10 years, then what's the next step towards citizenship for her? (and yes I'm very very excited, her and my boy are here in less than two days :D )

If she gets the 10-yr card (as she should based on your marriage length) she'll be free from USCIS for 3 years minus 90 days. Then she can apply for N-400.

Best of luck to you and enjoy your USCIS free time!

Technically she will be free from USCIS for 10 years as she doesn't HAVE to apply for citizenship as she has to remove conditions.

Posted
If you have been married 2 years when she uses the CR-1 to enter then she would not receive a two year conditional card but a 10 year PR card and would not have to remove conditions. If you have been married less than 2 years when she enters the US on the CR-1, then the date that she enters is the start of her two year conditional residency. She would need to file to remove conditions during the window that opens up 90 days before the 2nd anniversary of her entering the US but no later than the 2nd anniversary date of her entry. The date she becomes a permanent resident will be printed right on the card itself.

You must be excited! Congratulations and hope she has an easy POE.

See that's what I've been trying to figure out, We've been married about three and a half years, so she shouldn't have to remove conditions, right? If she just automatically gets a PR card within the next month or so, and it's good for 10 years, then what's the next step towards citizenship for her? (and yes I'm very very excited, her and my boy are here in less than two days :D )

If you've been married for 3 1/2 years, she should not have a CR-1 visa, but rather an IR-1 visa. There are no conditions on permanent residence for IR-1.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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