Realistic Goal? Better Option?

[ckidd 0]

Hello! I (US citizen) just married a Peruvian citizen in Peru and we are learning about our visa options. We're thinking about beginning the process for her CR-1. We would like to live in the US for 1 year and then return to live in Peru. Ideally we would live in Peru and, every 2 years, visit the US for a few months.

Is this realistic? Since we would leave the US after a year (around 15 months), could we apply to remove the conditional status of her card from overseas? If it wasn't for wanting to spend an entire year in the US on the front end we would just go for a tourist visa every 2 years. Is there a better option for our situation than the CR-1 that would allow her a year in the US? We're just starting to look in to this so forgive me if I'm off base with my information.

Thanks!

Edited March 12, 2016 by ckidd

[NikLR 13,220]

If your plan is to live in Peru you wouldnt bother removing conditions. Simply turn in the green card and apply for a tourist visa.

The CR1 would allow you guys to live in the USA for as long as you wanted, but moving abroad again would abandon the residency. Turning in the green card would help with the tourist visa.

[Alaska2012 462]

Why not move here on CR1, stay for 3 years get a citizenship and then you can come and go as you please. No need for tourist visa hassle and such..

Edited March 12, 2016 by Alaska2012

[Anh map 2,098]

Remove conditions happens after living in the US as a green card holder for 2 years.

Best thing if you want to come and go from the US periodically is live in the US for 3 years so that your spouse can get citizenship. Then, come and go as you want. No visas, no worries.

[ckidd 0]

Thank you all for the quick replies. Since conditions are removed after 2 years, I was under the impression that citizenship was given then. I didn't know it took 3 years. I work in Peru so it would be impossible to spend 3 straight years in the US. However, I do maintain a residence in Tennessee and will put her name on everything. Would that be helpful? During years 2 & 3, how much time would she need to spend actually in the US to still be considered a resident?

I know this will be a long, expensive process and I would hate to just abandon the visa after a year. But, 3 straight years would be impossible.

[Cathi 5,610]

a green card is for living in the US, not visiting. You need a visitor visa

[NikLR 13,220]

Thank you all for the quick replies. Since conditions are removed after 2 years, I was under the impression that citizenship was given then. I didn't know it took 3 years. I work in Peru so it would be impossible to spend 3 straight years in the US. However, I do maintain a residence in Tennessee and will put her name on everything. Would that be helpful? During years 2 & 3, how much time would she need to spend actually in the US to still be considered a resident?

I know this will be a long, expensive process and I would hate to just abandon the visa after a year. But, 3 straight years would be impossible.

Then so it citizenship.

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

• Be 18 or older
• Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
• Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization until the time of naturalization
• Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
• Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
• Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

When you guys leave after 1 year (it takes a year to get the visa approximately btw) and live somewhere else, then she's established residence outside the USA and no longer qualifies even if she meets the 18 month presence.

[ckidd 0]

NLR, thanks for that link. Turns out we would qualify for "Qualifying Employment Abroad" based on a religious vocation https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter5.html with Act 317 https://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9918.html

So, am I right to think that there's hope? It seems that at any point after receiving her green card we could file the N-470 and be good to go https://www.uscis.gov/n-470 http://www.immigration.com/greencard/reentry-permit/reentry-permit-and-n-470 (second to last paragraph)

[Anh map 2,098]

What you cited speaks about living temporarily outside of the US. It seems that you intend to live permanently outside the US and visit from time to time.

Is the alien spouse also a minister/missionary for an organization in the US?

[ckidd 0]

Yes, my spouse is also a missionary with the US organization.

[NikLR 13,220]

I'll be honest I'm not sure how that all works. A good immigration attorney should however.