My fiance is a conditional permanent residence in USA

[Suzi.B 0]

My fiance holds conditional permanent residence in USA(his mother is married to U.S citizen).His conditional green card will expiry in 2013.He lives in USA for a year now and has job.We are together for four years and decided to get married.Now I finished my studies in London and want to move to USA to live with him.I have tourist visa in USA for 5 years .I am citizen of Ukraine and hold Ukrainian passport.I would like to know am I eligible for Conditional permanent residence if i am a spouse of "conditional permanent resident" and what would you advise in such case.

[Penguin_ie 5,985]

*** Moving from CR-1 visa to Bringing Family of Permenant Residents ****

Your husband, once you are married, can petition you for a spousal visa. It will take about 3 years to get, so you cannot just move over on the tourist visa and get a greencard.

[Suzi.B 0]

Thank you very much for your answer!!!

As he told me he has CR-2 ,which petition we should complete and why it takes so long?or it is maximum of three years but it could take less.So during period of 3 years i wouldn't be able to travel inside/outside USA. My main concern as the current graduate will be able to work legally during this 3 years ? Sorry for such a childish questions ,but all these procedures are so unfamiliar to me.I do understand that receiving green card takes time.But I want to know who i will be during this 3 year period and will have eligible right to work ?buy property, car ?

[belinda63 2,981]

He will file a petition, after you marry, for you to apply for an immigrant visa. Processing the petition will take about 8 months. Then, because he is a LPR (permanent resident) there is no visa number available. The file will be sent to storage until your priority date comes current (currently about three years. At that time processing on the petition will continue and a few months later you will be scheduled for an interview to apply for an immigrant visa.

If, during the time you are waiting, he obtains US citizenship he can upgrade the petition and you will not have to wait for a priority date.

You cannot live in the US while you are waiting, you have no status in the US while the petition is pending. Since you have a tourist visa you are welcome to visit and leave when your time is up.

[jaycali 415]

Thank you very much for your answer!!!As he told me he has CR-2 ,which petition we should complete and why it takes so long?or it is maximum of three years but it could take less.So during period of 3 years i wouldn't be able to travel inside/outside USA. My main concern as the current graduate will be able to work legally during this 3 years ? Sorry for such a childish questions ,but all these procedures are so unfamiliar to me.I do understand that receiving green card takes time.But I want to know who i will be during this 3 year period and will have eligible right to work ?buy property, car ?

You can buy property and a car etc. But you cannot work. Actually, you cannot even wait in the US during those three years. If you have a tourist visa, you can visit according to the terms of that visa.

The fact that you have a 5 year tourist visa does not mean you can stay in the US for 5 years. It means you can visit (up to 6 months at a time) for as long as the visa is valid, before you have to apply for a new tourist visa.

If you're married,a nd your husband becomes a US citizen during those 3 years, it will go a lot faster.

who I will be

You'll be a Ukrainian citizen, with no right to stay in the US.

Edited June 21, 2012 by jaejayC

[Suzi.B 0]

Thank you very much for all information provided ,however I still a bit confused as a CONDITIONAL permanent resident is he able to fill the petition or it is necessary to wait until he will remove his conditions ?!

[Penguin_ie 5,985]

He is a permanent resident, so he can file.

[JimVaPhuong 4,863]

Thank you very much for all information provided ,however I still a bit confused as a CONDITIONAL permanent resident is he able to fill the petition or it is necessary to wait until he will remove his conditions ?!

He can still file a petition while he's a conditional permanent resident. If, for some reason, his removal of conditions is denied then any petitions he filed would be canceled.