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Filed: Other Timeline
Posted

Hello,

I am estimating that my wife will be here in the USA via a CR-1 visa. We were married in 2015.  There may only be a 2 month difference between her arrival in the USA and our 2nd wedding anniversary.

Now I have read plenty of VJ posts advising that in such a case, it is much better to wait out the 2 months and have her arrive in the USA after the 2nd wedding anniversary. This way instead of getting a temporary green card,  she will get a permanent one.

 

My question is:

 

What if my wife does come 2 months prior to our wedding anniversary.  Will we need to file an I-485 immediately ?

 

What issues and negative repurcussions can I expect if she arrives here before our 2nd wedding anniversary ?

 

As always, I will truly appreciate any assistance.

 

 

 

Filed: Timeline
Posted

Coming on a CR-1 visa, your wife does not need an I-485.

 

If she comes before your second anniversary, then she gets a conditional green card.  Two years later, she will have to file to remove the conditions on her green card.  You will need to provide proof of a bona fide marriage - bills, proof of living together, etc. and you get the pleasure of paying $680.  If she fails to remove the conditions and her green card expires, she losses her permanent residency (green card).  If the ROC is denied, she looses her green card.

 

If she comes after your second anniversary, then she gets a permanent 10 years green card.  No removal of condition.  No proving a bona fide marriage.  Not losing her permanent residency if the card expires.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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