VISA in hand!! Still more questions.

[gusto 0]

Just want to thank everyone on this forum who offered advice and guidance throughout the visa (CR-1 DCF) process for my wife. I mailed the visa paperwork in to the American embassy in Bangkok on a Friday last month and received an e-mail for an interview the following Tuesday. The interview went fine but they wanted an I-864A from my father's wife (my father is the sponsor) and copies of his and her IDs. A week later we went back to the embassy and submitted them. They asked for my wife's passport on Wednesday and today we picked up the passport with the visa.

I still have many more questions....

We received a notice of section 216 of the immigration and nationality act which states "if at the time of admission to the US you will not have celebrated the second anniversary of your marriage... you are subject to the provisions of Section 216 of the immigration and nationality act." We have been together for almost 4 years and have a 2 year old son... we married in December of 2008, not quite 2 years.

So basically, my wife is a 'conditional permanent resident' when we enter the US (or when we receive the visa??) and we must file a joint petition to remove the 'conditional' status 90 days before her second year in the US, right? So around January of 2012 I should file this petition, right?

My wife and I are wondering, and I could probably find the answer somewhere on the internet, will we be able to leave the US to visit Thailand during this 2 year period, and if so, for how long?

Again, thanks for all the help. This process has moved quite swiftly only because of forums like this. I am not sure who else could have answered all my questions.

Edited March 5, 2010 by gusto

[txladykat 1]

You are correct, you will need to apply for the permanent residency just before the expiration of two years. The residency you have now is just as good a permanent, with the exception that it must be switched to permanent, so yes, you an travel with no problems whatsoever. Just be sure to have the residency card with you when returning to the US.