AOS on a CR-1?

[gvanderford 0]

Hi All,

I have a two part question.

The first part:

My wife will be arriving on a CR-1 visa in February (from Vietnam). Do we need to do an AOS and if so which form is that, and what's the general process? I've seen a lot of discussion about people on k-3 and other types of visas but no CR-1 yet for some reason. I kind of thought for some reason that the CR-1 visa is already a permanent resident status guarantee and that we didn't need to do anything else...

Second part:

We are confused about how to go about changing my wife's surname to mine. She will be keeping her VN passport and such, so we are concerned that if we start using my last name on documents if that will cause any confusion if her Vietnamese documents have her family name on them? And if there is a process to change this, how to go about doing it? We're clueless!

Thanks in advance for any help.

-Greg and Tuyen

[Hypnos 6,576]

An immigrant visa (such as a CR-1) automatically grants a green card upon entry to the US, hence there is no need for AoS.

[gvanderford 0]

An immigrant visa (such as a CR-1) automatically grants a green card upon entry to the US, hence there is no need for AoS.

Okay thanks for the reply.

After I posted the question I was just reading about how in our case we need to file an i751 to remove "conditional status" before two years after entering the country. Can you confirm this for me?

Also, does that mean that we first do the i751 and then at some point after that (presumably after being in the country for the 3 year minimum), we fill out the N400 for naturalization right?

I realize some of my questions may sound clueless but I figure it's best to get confirmation of stuff that I read because it's not always crystal clear...

[Hypnos 6,576]

If, on the date your spouse enters the US, you have been married for less than two years, then you will receive a 2-year conditional green card that you will have to file an I-751 for to remove conditions from.

If, on the date your spouse enters the US, you have been married for two years or more, they will receive a full 10-year green card and will not have to file an I-751 for to remove conditions.

Your spouse is eligible to file for citizenship three years (minus 90 days) after they enter the US, provided they meet all other requirements.

Edited January 15, 2013 by Hypnos

[gvanderford 0]

If, on the date your spouse enters the US, you have been married for less than two years, then you will receive a 2-year conditional green card that you will have to file an I-751 for to remove conditions from.

If, on the date your spouse enters the US, you have been married for two years or more, they will receive a full 10-year green card and will not have to file an I-751 for to remove conditions.

Your spouse is eligible to file for citizenship three years (minus 90 days) after they enter the US, provided they meet all other requirements.

That is very helpful. Thank You

[milimelo 4,494]

Hi All,

Second part:

We are confused about how to go about changing my wife's surname to mine. She will be keeping her VN passport and such, so we are concerned that if we start using my last name on documents if that will cause any confusion if her Vietnamese documents have her family name on them? And if there is a process to change this, how to go about doing it? We're clueless!

Thanks in advance for any help.

-Greg and Tuyen

This is quite easy - they will issue her immigrant visa so it matches her last name in her passport. If she doesn't change her last name to her new married last name in her passport, upon entry to the US her green card will also be in her maiden name. You will have to file the form I-90 and pay all the fees to get the green card changed to her married name.

Also moving to CR1/IR1 visa forum as OP is on that path and not on AOS path.

Edited January 15, 2013 by milimelo

[gvanderford 0]

If, on the date your spouse enters the US, you have been married for less than two years, then you will receive a 2-year conditional green card that you will have to file an I-751 for to remove conditions from.

If, on the date your spouse enters the US, you have been married for two years or more, they will receive a full 10-year green card and will not have to file an I-751 for to remove conditions.

Your spouse is eligible to file for citizenship three years (minus 90 days) after they enter the US, provided they meet all other requirements.

I was just looking at my wife's actual visa that was issued to her and it states that "upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year." Everything that I've heard and read says the CR-1 visa is good for 2 years...so why does our say it expires in 1 year?

[Hypnos 6,576]

It means that, when endorsed at CBP, it acts as a temporary green card until the real one arrives in the mail, usually within 30 - 60 days of PoE.

It is normal that this "temporary" card expires in one year, but since you will have the real one well before that expires, it isn't an issue.

[gvanderford 0]

It means that, when endorsed at CBP, it acts as a temporary green card until the real one arrives in the mail, usually within 30 - 60 days of PoE.

It is normal that this "temporary" card expires in one year, but since you will have the real one well before that expires, it isn't an issue.

Okay, got it. Thank You!

[gvanderford 0]

This is quite easy - they will issue her immigrant visa so it matches her last name in her passport. If she doesn't change her last name to her new married last name in her passport, upon entry to the US her green card will also be in her maiden name. You will have to file the form I-90 and pay all the fees to get the green card changed to her married name.

Also moving to CR1/IR1 visa forum as OP is on that path and not on AOS path.

Thanks for this reply. So how does it affect her other documents such as her Vietnamese passport and social security card if they are still in her maiden name? Is this an issue? I'm concerned that there could be some sort of confusion traveling or doing other paperwork in the future if her green card has her new married name but those other docs have her maiden name...

[NikLR 13,227]

Thanks for this reply. So how does it affect her other documents such as her Vietnamese passport and social security card if they are still in her maiden name? Is this an issue? I'm concerned that there could be some sort of confusion traveling or doing other paperwork in the future if her green card has her new married name but those other docs have her maiden name...

She will need to travel with her marriage certificate if her passport does not have the same name as her green card. I would change it when it's up for renewal. Also you can change her SSN to her married name or simply apply for it in the married name to begin with. A name on a birth certificate will not change because that is her maiden name.