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nbanik1987

Conditional green card or not?

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Filed: AOS (apr) Country: India
Timeline

I married my wife (US citizen) on Aug 27 2013. My wife filed for I 130 on June 17 2014. The online case status says the case was approved on Nov 26 2014 (still waiting for NOA 2 in mail). Right now I am preparing my I485/I693 and my wife is preparing her I864. My question is, will I get IR-1 instead of CR-1 if we delay filing I485 (say we file in May - June 2015), since the date of issuance of the green card will most likely be past our 2nd anniversary? Or, will I still get a conditional green card, since we initiated the process before our 2nd Anniversary?

The reason behind asking this is, I will be graduating in Summer 2016 with my PhD, so I won't be applying for employment or any such benefits before then. Also this will prevent us from the hassle of removing the conditions, whose filing will cost us another $600. Had filing for green card not been this expensive ( almost $2080 + medical check up and immunization), we wouldn't be worrying about such silly things.

Thanks

Edited by nbanik1987

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Are you here in the USA? Then it is AOS subforum, not IR1/CR1.

Edited by NancyNguyen

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Citizen (pnd) Country: Germany
Timeline

From one of the guides on here:

The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued.


Myself: US citizen; Husband: German citizen

TransferWise Invitation Link: (first wire transfer is free) https://transferwise.com/u/eec50

(B-2 Journey):

 

 

-(then fiance) H-2B work visa application terminated due to qualification difficulties in Aug. 2010.

-(then fiance) B-2 tourist visa denied due to lack of strong ties to Germany in Sept. 2010.
-Third ESTA denied due to his suspiscious visa status on Oct. 15, 2012.
-B-2 tourist visa approved on Nov. 16, 2012!

 

(IR-1 Journey):

 

 

-Extended German residence permit obtained Aug. 23, 2014. (to qualify for DCF)

-Husband's new German passport picked up Aug. 28, 2014. (Old one expires 2015)

-I-130 packet sent to Frankfurt (DCF) Aug. 29, 2014!

-NOA1 issued Sept. 9, 2014 (received Sept.13)

-RFE regarding evidence of bona fide marriage received along with NOA1

-RFE reply packet sent to Frankfurt Sept. 30, 2014

-E-mail response (NOA2) received by USCIS Frankfurt on Oct. 23, 2014 (Petition APPROVED Oct. 20!!!) :dancing:

-Paper NOA2 received in the mail Oct. 29, 2014

-Case number assigned by IV unit Oct. 30, 2014 (Received by email Nov. 3)

-Paper "Packet 3" arrived in mail Nov. 4, 2014

-DS-260 and Document Delivery Registration submitted to Frankfurt Nov. 4, 2014

-Mailed in priority date request found on Packet 3 to IV Unit Nov. 5, 2014

-IV ("Packet 3") package sent to Frankfurt Nov. 17, 2014

-Medical completed by Frankfurt panel physician Nov. 17, 2014

-Received "Packet 4" via e-mail Nov. 20, 2014

-Interview booked for Dec. 3, 2014 (booked Nov. 21, 2014 after email authorization received)
-Visa approved, issued AND picked up by the courier all within 7 hours, Dec. 3, 2014
:dance:

-Visa packet arrived in the mail Dec. 4, 2014

-Visa packet had to be returned to Frankfurt for correction on Immigrant Data Summary sheet (wrong birthplace listed) Dec. 5, 2014

-Corrected visa packet received in the mail Dec. 11, 2014

-$165 Immigrant fee paid Dec. 11, 2014

-POE (through Dublin, Ireland) Jan. 18, 2015

-Registered manually for social security Jan. 27, 2015

-Social security card arrived within 2 weeks after applying in person/green card arrived within 30 days after entering U.S.

kXYGp1.png

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Filed: Citizen (apr) Country: Ireland
Timeline

**** Moving from CR-1 spousal visa forum (as visas are used to enter countries, and Op is already in the USA) to AOS from Student Visa forum ******


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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You can still receive an unconditional green card even on a CR-1 visa, provided you had been married for at least two years on the day you entered the US.

OP: it isn't clear what you are doing, since you make mention of visas but then also talk about an I-485, which would be for filing for adjustment of status.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Citizen (apr) Country: Poland
Timeline

I married my wife (US citizen) on Aug 27 2013. My wife filed for I 130 on June 17 2014. The online case status says the case was approved on Nov 26 2014 (still waiting for NOA 2 in mail). Right now I am preparing my I485/I693 and my wife is preparing her I864. My question is, will I get IR-1 instead of CR-1 if we delay filing I485 (say we file in May - June 2015), since the date of issuance of the green card will most likely be past our 2nd anniversary? Or, will I still get a conditional green card, since we initiated the process before our 2nd Anniversary?

The reason behind asking this is, I will be graduating in Summer 2016 with my PhD, so I won't be applying for employment or any such benefits before then. Also this will prevent us from the hassle of removing the conditions, whose filing will cost us another $600. Had filing for green card not been this expensive ( almost $2080 + medical check up and immunization), we wouldn't be worrying about such silly things.

Thanks

Are you in status and are trying to adjust based on marriage ? Then you can easily delay and yes, if your card is issued past 2 years aniversary, it should be unconditional one.

If you're out of status, delaying filing to save $600 wouldn't be very smart.

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Filed: AOS (apr) Country: India
Timeline

I am sorry for being vague. I came to the US in 2010 on F1 visa to pursue graduate studies, met my wife in 2012, got married to her in the US while attending school, in Aug 2013. I am still maintaining an F-1 status, and my I-94 says it is good until D/S (duration of stay). My I-20 was renewed recently which gave me until Summer 2016 to graduate. I am trying to adjust my status based on marriage.

Whether I file for a green card or not, I will still be in school full time, so will be maintaining my F-1 status.

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Filed: AOS (apr) Country: India
Timeline

**** Moving from CR-1 spousal visa forum (as visas are used to enter countries, and Op is already in the USA) to AOS from Student Visa forum ******

I think this post will better suit the AOS based on marriage, sorry for all the confusion.

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Filed: Citizen (apr) Country: Ireland
Timeline

I think this post will better suit the AOS based on marriage, sorry for all the confusion.

Yep, this is the AOS from Student visa based on marriage forum :)


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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