Wife just received her Green card on K-3..

[jason C 0]

Dear all,

Just a few questions. My wife who is an indian resident just entered the country in February. We applied for her K-3 Spouse Visa which she received in January. Now that she's here she received her Social Security Card and Permanent Resident Card. One issue is that Social Security Card says her Maiden name while her Permanent Resident card has her married name. Will having different name cause a problem?

2. Also I am curious in the Visa it says its a conditional visa and expires in Jun 2011. What does that mean and what will happen at that time?

3. Is it true my wife can't leave country for a whole year? What would be the date?

4. What are the next steps in my wife's naturalization process?

Regards,

Jason

[canadian_wife 1,823]

You are still years away from naturalization.

First, although you applied for a K-3, what visa was actually issued? Or have you already adjusted status from the K-3?

In 2 years, you will need to apply to remove the conditions of the green card. When successful, your wife will receive a 10 year green card. When your wife has been a resident for 3 years total, then she may apply to become a US citizen.

If the SSN is in the maiden name, simply go to the SSN office with your marriage certificate and have it changed.

Good luck.

[pushbrk 12,975]

Dear all,

Just a few questions. My wife who is an indian resident just entered the country in February. We applied for her K-3 Spouse Visa which she received in January. Now that she's here she received her Social Security Card and Permanent Resident Card. One issue is that Social Security Card says her Maiden name while her Permanent Resident card has her married name. Will having different name cause a problem?

2. Also I am curious in the Visa it says its a conditional visa and expires in Jun 2011. What does that mean and what will happen at that time?

3. Is it true my wife can't leave country for a whole year? What would be the date?

4. What are the next steps in my wife's naturalization process?

Regards,

Jason

If your wife entered the US in February and now has a two-year green card, then she did so with a CR1 visa, not a K3. Her visa is dead and gone. It's her CR1 status that must have conditions removed. She can leave the country anytime she wants and freely return. She's not involved in a Naturalization process yet and cannot be for three years. Your next step is 21 months after entry when she applies to remove conditions on her status and gets a ten-year green card.

Below is an overview of the entire process. K3 is not a part of your picture.

Immigrant Visas

The CR1 or IR1 visa enables US Citizens to bring their foreign spouse to the USA in

The CR2 or IR2 visa allows unmarried children under the age of 21 to move to the US as well, provided the marriage to the natural parent occured before the 18th birthday.

CR1 and CR2 visas are issued to applicants when the visa is obtained prior to the two-year anniversary of the qualifying marriage to the US Citizen. IR1 and IR2 visas are issued to applicants when the visa is obtained after the two-year anniversary of the qualifying marriage. IR1 and IR2 visas result in Legal Permanent Resident Status upon entry to the USA and a "Green Card" expiring in 10 years. CR1 and CR2 visas result in Conditional Permanent Resident Status upon US entry (unless entry occurs after the two-year anniversary of marriage) and a "Green Card" expiring in 2 years. Conditional Residents must apply to remove the conditions between 21 and 24 months after entering the USA.

CR1/IR1 and CR2/IR2 Immigrant Visa Process Outline:

The Immigrant visa entitles the qualifying spouse or child to enter the USA with Legal Permanent Resident Status (a green card) based on a marriage to a US Citizen. The steps involved in immigrating to the US via an Immigrant Visa can be generally described as follows:

The US Citizen files the I-130 Petition for Alien Relative with a USCIS Service Center. Where you file depends on where you live. The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months.

After the I-130 Petition has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded to the correct Embassy or Consulate. The process of sending the approved I-130 from the Service Center (through the NVC) and arriving at the Embassy or Consulate usually takes from six to 12 weeks. While at the NVC, an Affidavit of Support is provided by the US Citizen Petitioner and the foreign spouse submits an actual "Visa Application" and the visa fee is paid. Once NVC has completed their work, the case file is forwarded to the Embassy or Consulate in the foreign national's country of residence. The visa interview may be scheduled during the NVC stage for some stations abroad but some Embassies and Consulates wait to schedule the interview until the case file arrives on station. The actual visa interview process is generally similar in all countries, although each Embassy or Consulate will vary a bit in their requirements.

Once you have the Immigrant Visa it is good for only one entry into the United States within 6 months of the issue date. The passport stamp given at entry is temporary evidence of Legal Permanent Resident Status and the "Green Card" and Social Security Card arrive in the mail shortly thereafter, usually in two to six weeks.

If you were given a "conditional permanent residency", 21 to 24 months from the date you were granted this status, you will have to apply to have the "Conditional" status removed; if approved you will get a full 10 year green card. If you had a full permanent residency status without conditions then this step is not required.

In three to five years, depending on circumstances, you can apply to become a US citizen (naturalization).

[Mononoke28 135]

What your wife received is he Conditional Green Card which is good for 2 years. It pretty much means that she's a permanent resident for two years and will have to file form I-751 to remove those conditions in order to get her final 10 year green card. The conditions are pretty much that you stay married and have a legitimate marriage in order to obtain the new green card. She will need to file form I-751 90 days before the expiration date that appears on her green card.

Her Social Security card needs to have the name she'll be using in the US, which appears to be her married name. She will have to go to the nearest SSA office to have it changed by showing your marriage certificate.

She can travel outside the US and come back any time she wants. If she stays outside the US for more than 12 months, she will probably be denied at POE. The point of being a permanent resident is to reside in the US, not in another country.

She can file for US Citizenship 3 years after her conditional green card was approved if she's still married to you, the US citizen. If not, the wait period would be 5 years.

Diana