Conditional Residency

[Traveller_123 2]

Good night all. I am back again to ask another two questions, please forgive me if they have been asked already. I appreciate the help given before and hope it will continue for these questions.

Firstly, after I attend the interview in my home country and told that I will be granted my Permanent Residency Card, I was told that I will have to go to the USA, I guess to pick it up? Is that true? And what else do I do when I go over there, as it relates to the process?

Secondly, I read that one becomes a CR if married for less than two years to U.S. citizen or permanent resident spouse, is this true? Because I have done some research and I see on my websites that this only applies to citizens. Which one is correct? Also, could I get some clarification on this? As if, I go up by year-end, and my husband comes up with me, can he work on an H1B visa or can he work legally? Any other information as it relates to this, is greatly appreciated.

Thanks again everyone.

[aleful 1,905]

Good night all. I am back again to ask another two questions, please forgive me if they have been asked already. I appreciate the help given before and hope it will continue for these questions.

Firstly, after I attend the interview in my home country and told that I will be granted my Permanent Residency Card, I was told that I will have to go to the USA, I guess to pick it up? Is that true? And what else do I do when I go over there, as it relates to the process?

Secondly, I read that one becomes a CR if married for less than two years to U.S. citizen or permanent resident spouse, is this true? Because I have done some research and I see on my websites that this only applies to citizens. Which one is correct? Also, could I get some clarification on this? As if, I go up by year-end, and my husband comes up with me, can he work on an H1B visa or can he work legally? Any other information as it relates to this, is greatly appreciated.

Thanks again everyone.

please clarify, who has petitioned for you?

I don't understand who is filing for you, because you speak about your husband coming o a work visa?

the conditional is if your USC husband files for you and you get your GC through marriage and you are married to the petitioner less than 2 years, you will get a 2 year GC.

but it doesn't look like your husband is filing for you.

you will recieve the GC in the US.

Edited September 2, 2011 by aleful

[Brother Hesekiel 2,236]

When you arrive at the U.S. you activate your residency and will get an I-551 stamp (code for Green Card) in your passport. The actual plastic card will be mailed to your US address about 10 to 20 days later.

If you have been married for less than 2 years, you will get a (conditional) 2-year Green Card and have to file for Removal of Conditions via form I-751 before it expires. Only thereafter you will get a 10-year Green Card.

[Inky 1,110]

OP is not even married yet, it seems like its family that is filing for her.

The whole interview and visa in your country is for you to move to the USA! After you get the visa you move to America for the rest of your life. You don't just go pick up a card.

[Traveller_123 2]

Ok good night all. Firstly, thank you for the advice and information, it is greatly appreciated.

Now, as it relates to all your queries: @ aleful: It is family that is filing for me, not my husband. As it relates to what you are saying, I will be going up to take up my permanent residence, and he would like to come up with me on an H1B visa, so therefore, I wanted to know if the conditional residency could be applied to him from us being married less than 2 years? Also, I was told in another post that after I get the permanent residency, we should wait a year and then get married and then I can file for him. Therefore, what will happen with this and conditional residency, etc?

@ Just Bob and Inky: Thank you for letting me know what will happen after I have completed my interview and go up to the USA.

Ultimately, we just want to be up there together at the same time, so I just want to get certain information and then we can make plans and have things in mind.

[JimVaPhuong 4,863]

Ok good night all. Firstly, thank you for the advice and information, it is greatly appreciated.

Now, as it relates to all your queries: @ aleful: It is family that is filing for me, not my husband. As it relates to what you are saying, I will be going up to take up my permanent residence, and he would like to come up with me on an H1B visa, so therefore, I wanted to know if the conditional residency could be applied to him from us being married less than 2 years? Also, I was told in another post that after I get the permanent residency, we should wait a year and then get married and then I can file for him. Therefore, what will happen with this and conditional residency, etc?

@ Just Bob and Inky: Thank you for letting me know what will happen after I have completed my interview and go up to the USA.

Ultimately, we just want to be up there together at the same time, so I just want to get certain information and then we can make plans and have things in mind.

You won't become an immigrant and get a green card until you enter the US with an immigrant visa. They don't send your green card to you in your home country.

Conditional permanent residence applies mainly to people who are immigrating based on marriage to a US citizen or LPR. It doesn't apply to other types of family based visas.

If your husband gets an H1B visa then he won't immediately get a green card. His ability to remain in the US will be based on his sponsoring employer. He may be able to apply for a green card at later date through his employer. You could submit a petition for him after you become a permanent resident. After the petition is approved then you'll have to wait for his priority date to become current before he'll be eligible for an immigrant visa - currently, that's about three years. If he's still in the US at that time, and his non-immigrant status has not expired, then he could apply for a green card without leaving the US.

[aleful 1,905]

Ok good night all. Firstly, thank you for the advice and information, it is greatly appreciated.

Now, as it relates to all your queries: @ aleful: It is family that is filing for me, not my husband. As it relates to what you are saying, I will be going up to take up my permanent residence, and he would like to come up with me on an H1B visa, so therefore, I wanted to know if the conditional residency could be applied to him from us being married less than 2 years? Also, I was told in another post that after I get the permanent residency, we should wait a year and then get married and then I can file for him. Therefore, what will happen with this and conditional residency, etc?

@ Just Bob and Inky: Thank you for letting me know what will happen after I have completed my interview and go up to the USA.

Ultimately, we just want to be up there together at the same time, so I just want to get certain information and then we can make plans and have things in mind.

now you say family, is it your LPR mother or father that you haven't gotten married?

conditional residency is only when you are married to a USC and he files for you.

if you can't marry now, it won't be conditional because until you can file for him, the waiting time until he can have the interview, is currently 3 years or a little over 3 years.

[Kathryn41 3,205]

Be careful to check the terms of your visa as well. If your parents sponsored their unmarried daughter, then if you get married before you get to the US and become a permanent resident, it may cancel out your visa as you would no longer be an unmarried daughter. Your husband would not automatically be added onto your visa - instead, you would no longer be eligible to use it.

You can get married after you become a permanent resident in the US and then you can sponsor your husband. It will take a number of years, though, before he is able to come to the US to join you, so you need to be prepared for that separation. If he is able to manage an H1B visa on his own (an employer has to sponsor him) that would help you be together here. You would still have to sponsor him and you would still have to wait until a visa number was available for him. That is why it takes a few years - there are only so many visas available each year and there are others already waiting in line. As visas become available, they go through the list of eligible applicants until it is your turn; you have to have filed the I-130 petition, though, just to get in line.

The two year conditional residency status does not apply to you as you are not getting your green card through marriage to a US citizen. Your husband would not qualify for a conditional green card through you either as you are not a US citizen. It only works if you are a US citizen. He needs to qualify for his own visa in his own right, although you can sponsor him if you are a permanent resident when you get married.

Hope this helps.

[Traveller_123 2]

Wow, thanks so much for the information once again. It's greatly appreciated. I will have to take this advice and do some research and keep abreast with any new changes and/or updates.