Traveling while on Cr1 status

[SeNYC28 0]

Hi all,

My wife is on CR1 status currently and i have few questions regarding traveling while on CR1. She came here on December 24, 2007. She did leave USA from Nov. 4 to December 12, 2008, so she was out for about 5 weeks. Now she is pregnant but she wants to go overseas and give birth there. We were supposed to file for removal of condition sometimes in September i believe. If she goes to Europe and gives birth there in November, she wont be able to come back before February of 2010. So she would miss her interview in December for removal of condition.

Is it possible to remove condition through the US Embassy?

Will she loose her statues if she is out of USA for 8-9 months?

Will that damage her chances to apply for US citizenship?

If child is born in Europe, since I am a US citizen, will I be able to apply for my cjild to become a US citizen?

Thank you all and i hope someone can answer my questions!!!

[payxibka 10,047]

Hi all,

My wife is on CR1 status currently and i have few questions regarding traveling while on CR1. She came here on December 24, 2007. She did leave USA from Nov. 4 to December 12, 2008, so she was out for about 5 weeks. Now she is pregnant but she wants to go overseas and give birth there. We were supposed to file for removal of condition sometimes in September i believe. If she goes to Europe and gives birth there in November, she wont be able to come back before February of 2010. So she would miss her interview in December for removal of condition.

Is it possible to remove condition through the US Embassy? NO

Will she loose her statues if she is out of USA for 8-9 months? 12 mos. out is the benchmark needed for a re-entry permit

Will that damage her chances to apply for US citizenship? possibly, because it breaks the continuous presence requirement and will re-set the clock. To naturalize based on a marriage to a USC, you need 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer.

If child is born in Europe, since I am a US citizen, will I be able to apply for my cjild to become a US citizen? Yes

Thank you all and i hope someone can answer my questions!!!

Edited June 5, 2009 by payxibka

[YuAndDan 153]

Moving this to the correct forum. "Removal of conditions"

[rika60607 215]

Your wife needs to file for RoC between September 26 and December 23, 2009.

To do that, she needs to be in the US and she also needs to attend a biometrics appointment after that.

She could mail the package out on the earliest date in September (26? 27?) and leave for Europe.

Then you would mail her the NOA for Roc enabling her to return to the US in February.

And you would have to re-schedule the biometrics Appt for February 2010, may be motivating this by her pregnancy.

However, if she leaves now and does not come back to file RoC on time - she may have to go through the whole immigration process again, as she would not be allowed to come back to US after Dec 23, 2009.

You could also contact the embassy and see if they have any suggestions (may be returning resident visa?)...

If she is gone for more than 180 days at a time, this will reset her 3 year waiting period for becoming eligible to file for citizenship.

[YuAndDan 153]

Your wife needs to file for RoC between September 26 and December 23, 2009.

To do that, she needs to be in the US and she also needs to attend a biometrics appointment after that.

She could mail the package out on the earliest date in September (26? 27?) and leave for Europe.

Then you would mail her the NOA for Roc enabling her to return to the US in February.

And you would have to re-schedule the biometrics Appt for February 2010, may be motivating this by her pregnancy.

However, if she leaves now and does not come back to file RoC on time - she may have to go through the whole immigration process again, as she would not be allowed to come back to US after Dec 23, 2009.

You could also contact the embassy and see if they have any suggestions (may be returning resident visa?)...

If she is gone for more than 180 days at a time, this will reset her 3 year waiting period for becoming eligible to file for citizenship.

This is only an option if they would have residencey had they not left the USA.

If they leave the USA without filing I-751 and the 2 year green card expires, they will be starting over.

You can file I-751 overseas ONLY if US citizen is required to live overseas for government or special reasons like in the military.

[SeNYC28 0]

Thank You all for this very helpful info, i guess we wont be going nowhere for now.

[Chris Me lil D 17]

Hi all,

My wife is on CR1 status currently and i have few questions regarding traveling while on CR1. She came here on December 24, 2007. She did leave USA from Nov. 4 to December 12, 2008, so she was out for about 5 weeks. Now she is pregnant but she wants to go overseas and give birth there. We were supposed to file for removal of condition sometimes in September i believe. If she goes to Europe and gives birth there in November, she wont be able to come back before February of 2010. So she would miss her interview in December for removal of condition.

Is it possible to remove condition through the US Embassy?

Will she loose her statues if she is out of USA for 8-9 months?

Will that damage her chances to apply for US citizenship?

If child is born in Europe, since I am a US citizen, will I be able to apply for my cjild to become a US citizen?

Thank you all and i hope someone can answer my questions!!!

We have kind of the same issue right now. The difference is that I am still waiting for an interview, which should be in July or August. Anyway, I was thinking of coming back to Europe in December in give birth in my country. The baby will be an American Citizen anyway.

But if not born in the States, one day that baby as a grown up could not be elected for a President, my husband said

Good luck with yours and Congratulations

[vareska 3]

We have kind of the same issue right now. The difference is that I am still waiting for an interview, which should be in July or August. Anyway, I was thinking of coming back to Europe in December in give birth in my country. The baby will be an American Citizen anyway.

But if not born in the States, one day that baby as a grown up could not be elected for a President, my husband said

Good luck with yours and Congratulations

Ooooo you're brave

For me...no thanks, my babies will be born in the US, I am not going to risk having to file another damn paper to adjust anyone's status, anyone's citizenship, chase anyone's damn birth certificates abroad and have them notarized certified ...

I am tired...

To think we have to go through removal of conditions in 2 years makes me sick.

US born and bred is what they'll be, baby !

Edited June 26, 2009 by vareska

[Immigrant2009 0]

Thank You all for this very helpful info, i guess we wont be going nowhere for now.

We have kind of the same issue right now. The difference is that I am still waiting for an interview, which should be in July or August. Anyway, I was thinking of coming back to Europe in December in give birth in my country. The baby will be an American Citizen anyway.

But if not born in the States, one day that baby as a grown up could not be elected for a President, my husband said

Good luck with yours and Congratulations

Ooooo you're brave

For me...no thanks, my babies will be born in the US, I am not going to risk having to file another damn paper to adjust anyone's status, anyone's citizenship, chase anyone's damn birth certificates abroad and have them notarized certified ...

I am tired...

To think we have to go through removal of conditions in 2 years makes me sick.

US born and bred is what they'll be, baby !

Well said vareska,

Hi SeNYC28,

You got good advice there. So the final story is don't have your wife leave US without filing I-751 and biometrics and have her delivery the baby her and if she does want to go outside US she can do so once the baby is almost 1 or over to be safe.

Good Luck.