gdr865

[Scaught]

[This message has been edited by Scaught]

Hello: The USCIS website says that "You are given conditional resident status on the day you are lawfully admitted to the United States OR receive adjustment of status."

Which is it? If she arrived from Ukraine in August, and got married in November, when did this conditional resident status begin? In (1) August when she came, in (2) November, when she got married, or later, (3) when she sent in papers, ,scheduled an interview, then had her interview, then got her card?

[T P Cornholio]

... in response to gdr865, posted by Scaught on May 16, 2005

It seems to me your mixing syntax, try this:

1)  She arrives in August (presumably K-1 visa), and you have 90 days to marry or she returns home.

2)  You marry in November (within the 90-day time frame).

3)  Now married, you file for AOS (preferably still within the above 90-days) and she eventually receives green card and "permanent" status, but probably 2-year conditional (it could take as long as a year to get this card).

4)  Not sooner than within 90-days of the two year anniversary of her receiving above green card, you file petition to remove conditions -- she then receives new green card and has "unconditional" permanent status.

5)  After three years (based upon the date shown on her green card), she can file for naturalization (N-400).

[Ray]

... in response to gdr865, posted by Scaught on May 16, 2005

"You are given conditional resident status on the day you are lawfully admitted to the United States…”  This applies mainly to a spouse arriving on a CR-1 immigrant visa.

For a K-1 fiancée, conditional resident status is granted on the day that the Adjustment of Status is approved, as in RW’s response.

Note: If the foreign spouse has been married at least two years on the date of arrival in the U.S., or on the date of AOS approval in the case of a K-1 or K-3, unconditional residence is granted and a ten-year Green Card is issued.

Ray

[RW]

... in response to gdr865, posted by Scaught on May 16, 2005

on the day she passed interview and got stamp in her passport. That date will be specifically written into the stamp and also conditional green card.

[Scaught]

... in response to Re: gdr865, posted by RW on May 16, 2005

Okay, so she got her conditional residence in August 2003, when she arrived in the US. Next, when does she file for adjustment of status? I read it is within 90 days before her second anniversary, or maybe that's something else. So if she arrived August 2003, would that be May of 2005? Can people file earlier than 90 days before? Is this what that last interview is about? Sorry if I am unclear. Those of you who have gone through the process will know what I mean.

[Ray]

... in response to Okay, Thanks, Next Question, posted by Scaught on May 16, 2005

Assuming that she was married and she arrived on a CR-1 visa, then there is no adjustment of status because she is already a conditional resident. You may be thinking of the Removal of Conditions, which must be filed within the 90-day period immediately before her second anniversary of gaining conditional residency, which would be between May, 2005 and Aug, 2005. The Removal of Conditions cannot be filed earlier than 90 days before the 2-year anniversary.

The interview for approval of the Removal of Conditions is optional, usually depending on the evidence you submit with the petition. They often grant approval with no interview.

Note: The date of residency is noted on the Green Card.

Ray

[Scaught]

... in response to Re: Okay, Thanks, Next Question, posted by Ray on May 16, 2005

Thank you Ray-- Scaught