adjustment of status vs removal of conditions

[Olga&Dave 0]

Hello,I have a stupid question. I am a little confused about the difference between "adjustment of status" and "removal of conditions". If I do a IR-1/CR-1 visa and my sweet Slavic princess comes to the USA from Ukraine, which one do I do? Or both? What's the difference? If it's within the two years is it just the "removal of conditions"? Or am I comparing apples and oranges? I don't get it, LOL! Thanks in advance. Dave

[Inky 1,111]

Hello,I have a stupid question. I am a little confused about the difference between "adjustment of status" and "removal of conditions". If I do a IR-1/CR-1 visa and my sweet Slavic princess comes to the USA from Ukraine, which one do I do? Or both? What's the difference? If it's within the two years is it just the "removal of conditions"? Or am I comparing apples and oranges? I don't get it, LOL! Thanks in advance. Dave

Married persons get the green card on entry to the USA and then file for removal of conditions only if they get a 2 year green card on entry.

Married less than 2 years = 2 year green card

[Olga&Dave 0]

Married persons get the green card on entry to the USA and then file for removal of conditions only if they get a 2 year green card on entry.

Married less than 2 years = 2 year green card

Do I still have to do the adjustment of status too, after the removal of conditions? Sorry, still confused.

[Inky 1,111]

Do I still have to do the adjustment of status too, after the removal of conditions? Sorry, still confused.

Nope, ONLY removal of conditions.

After that you get a 10 year green card at which point she can either keep renewing the card every 10 years or she can apply for Naturalization.

[KayDeeCee 4,896]

Do I still have to do the adjustment of status too, after the removal of conditions? Sorry, still confused.

Adjustment of status is for those that enter the US on a visa other than an immigrant one that grants permanent residency upon entry. With a spousal visa, you become a permanent resident when you enter the US. No need to adjust status. If you were married less than 2 years, then you will need to file to remove conditions on the 2 year green card within the 90 days before the green card expires. When that is approved, you will receive a 10 year green card.

Those that entered with a non-immigrant visa, a K-1 for example, do not become permanent residents upon entry and must file to adjust their status to permanent residency after they marry their USC fiance(e). They will also need to file to remove conditions on their 2 year green card within 90 days before it expires.

So, with a spousal visa, you skip the adjustment of status process. You would have already provided evidence of your marriage and the I-864 affidavit of support in order to receive the spousal visa and the permanent residency upon arrival in the US that comes along with it.

[Olga&Dave 0]

Nope, ONLY removal of conditions.

After that you get a 10 year green card at which point she can either keep renewing the card every 10 years or she can apply for Naturalization.

[Olga&Dave 0]

Ok, thanks folks. Does the removal of conditions only apply when the marriage is less than 2 years? If 2 years has gone by and Port of Entry stamps IR-1, is it still required to remove conditions and pay the $590 or whatever it is? Or is the 10 year green card issued anyway? Thanks

[didopage 337]

Ok, thanks folks. Does the removal of conditions only apply when the marriage is less than 2 years? If 2 years has gone by and Port of Entry stamps IR-1, is it still required to remove conditions and pay the $590 or whatever it is? Or is the 10 year green card issued anyway? Thanks

Yes, it only applies if the marriage is less than 2 years old, meaning if you get a "conditional" 2-year green card. If you get a 10-year green card, there's no ROC process. You will just have to renew your GC 10 years later (if you didn't apply for citizenship before those 10 years are up).

If you enter with a CR-1 (marriage less than 2 years old), you will receive a 2-year GC. You will have to do the removal of conditions process in order to renew your green card (you will then get a 10-year one)

If you enter with a IR-1 (marriage more than 2 years old), you will receive a 10-year GC. No ROC process then.

2-year GC = conditional permanent resident status

10-year GC = permanent resident status, without conditions on it.

Edited April 12, 2013 by didopage

[Gary and Alla 3,694]

Hello,I have a stupid question. I am a little confused about the difference between "adjustment of status" and "removal of conditions". If I do a IR-1/CR-1 visa and my sweet Slavic princess comes to the USA from Ukraine, which one do I do? Or both? What's the difference? If it's within the two years is it just the "removal of conditions"? Or am I comparing apples and oranges? I don't get it, LOL! Thanks in advance. Dave

The "adjustement of status" is actually part of the CR-1 process. She will receive a green card when she arrives. If you have been married for LESS THAN two years she will receive a conditional, 2 year, green card and you will have to do the Removal of Conditions. If you have been married MORE THAN two years when the visa is issued she will recieve a non-conditional, 10 year, green card.