Avoid Having to Remove Conditional Status

[Spain to U.S. 0]

Hello again,

I'm hoping someone can help me out on this idea we have.

My husband plans to enter the U.S. around 24 June 2010, one week before our 2-year anniversary. Obviously this means we would have to file for "Permission to Remove Condition of Status" right when we get there (another $545 we would rather use on other things)

However, he's leaving the US again for a week at the beginning of September (he has a wedding to go to - lucky him!). Would it be possible for him to enter the U.S. in June as a tourist, and then, when he returns in September, present his immigrant visa for the first time? And not present his immigrant visa in June, even though he will have it then? (Spending July and August in the US as a tourist only.)

Thank you all advance for all your help!

[Lansbury 19]

No the visa will be activated when he first arrives there is no way to delay it.

[Scott and Mhay 57]

does your husband have his greencard yet? If he doesnt, then you wouldnt have to file for removal of conditions until 90 days before it expires when he gets it. Why not wait another week to come to the US?

[sachinky 465]

Just have him cross the border after your two-year marriage anniversary.

Make sure he alerts the CBP officer to this salient fact.

[OBX 51]

does your husband have his greencard yet? If he doesnt, then you wouldnt have to file for removal of conditions until 90 days before it expires when he gets it. Why not wait another week to come to the US?

^^ Good point!

Removal of conditions occurs 90 days prior to the expiry of the green card not the 2 year anniversary of your marriage. Waiting the extra week will allow your husband to obtain an IR1 visa and avoid the hassle ( and $) of ROC. Good luck.

[Lenie7 0]

Like everyone said, it would be worth waiting until after your two year anniversary for him to come to the U.S. That will save you from having to apply for removal of conditions in 2012 and spending the extra money to do so.

[Darnell 8,479]

Suggest, if he want's IR-1 visa, to reschedule that trip INTO the USA

for some date PAST the 2 year wedding anniversary mark. That's what my wife and I are doing.

Good Luck !

[pushbrk 13,157]

Suggest, if he want's IR-1 visa, to reschedule that trip INTO the USA

for some date PAST the 2 year wedding anniversary mark. That's what my wife and I are doing.

Good Luck !

IR1 and CR1 are both a status and visas. If the visa is issued before the second anniversary, it will be CR1. Delaying entry won't change the visa but WILL change the status granted upon entry, to IR1 instead of CR1. Either visa is dead on arrival as the endorsement serves as evidence of status as permanent resident.

[Darnell 8,479]

ya, ultimately, it's the STATUS AT POE that makes the difference.

If you have a CR-1 visa in the passport, (and are the OP here)

and delay entry INTO the USA past that 2 year window,

then the IR-1 status will be granted, IF you bring it to the attention of the CBP drone, and don't leave Immigration Area until the proper entry is made on that CBP computer thingie.