What happens after point of entry for Cr1 visa?

[Fmab Wasenob 14]

I heard after POE I will have to file more petitions for my spouse to remove her conditional status?

 

can anyone tell me ALL applications or petitions I will have to file for my spouse up to and including the point where she becomes a citizen. And also the required fees.

[geowrian 22,337]

If you have been married for less than 2 years when she enters the US, she will get a conditional green card valid for 2 years. Otherwise, she gets a 10 year card. If the green card fee ("Immigrant Fee") has not been paid yet, it will need to be paid prior to receiving the physical card. The I-551 passport stamp at entry will act as a temporary card for up to 1 year. Cost: $220 (https://www.uscis.gov/file-online/uscis-immigrant-fee)

 

If she has conditional status (2 year green card), at 2 years minus 90 days from the date she becomes an LPR (printed on the green card), she needs to file for Removal of Conditions (ROC): http://www.visajourney.com/content/751guide. Cost: $595 + $85 biometrics

 

Once married to you and she has been an LPR for 3 years and meets the continuance residence requirement, she can file for naturalization under the 3 year rule: http://www.visajourney.com/content/naturalization_guide. Cost: $640 + $85 biometrics

Otherwise, she has to wait 5 years and meet the other requirements.

Be sure to check the requirements before filing...various circumstances may make her ineligible to do so right away (i.e. extended travel abroad, committed certain crimes or participated in other activities that may draw into question her moral character, etc.).

You must have ROC completed before you can obtain citizenship, albeit you can file for citizenship with ROC still pending.

 

Fees and requirements are subject to change. Be sure to check for the latest forms, fees, and requirements prior to filing.

[Fmab Wasenob 14]

9 hours ago, geowrian said:

If you have been married for less than 2 years when she enters the US, she will get a conditional green card valid for 2 years. Otherwise, she gets a 10 year card. If the green card fee ("Immigrant Fee") has not been paid yet, it will need to be paid prior to receiving the physical card. The I-551 passport stamp at entry will act as a temporary card for up to 1 year. Cost: $220 (https://www.uscis.gov/file-online/uscis-immigrant-fee)

 

If she has conditional status (2 year green card), at 2 years minus 90 days from the date she becomes an LPR (printed on the green card), she needs to file for Removal of Conditions (ROC): http://www.visajourney.com/content/751guide. Cost: $595 + $85 biometrics

 

Once married to you and she has been an LPR for 3 years and meets the continuance residence requirement, she can file for naturalization under the 3 year rule: http://www.visajourney.com/content/naturalization_guide. Cost: $640 + $85 biometrics

Otherwise, she has to wait 5 years and meet the other requirements.

Be sure to check the requirements before filing...various circumstances may make her ineligible to do so right away (i.e. extended travel abroad, committed certain crimes or participated in other activities that may draw into question her moral character, etc.).

You must have ROC completed before you can obtain citizenship, albeit you can file for citizenship with ROC still pending.

 

Fees and requirements are subject to change. Be sure to check for the latest forms, fees, and requirements prior to filing.

Can my spouse book a flight to the USA as soon as she gets her passport with visa in hand? Im hearing rumors that theres a few days wait time before you can book? is this true or can i book at the very day she gets the visa in hand?

[geowrian 22,337]

35 minutes ago, Fmab Wasenob said:

Can my spouse book a flight to the USA as soon as she gets her passport with visa in hand? Im hearing rumors that theres a few days wait time before you can book? is this true or can i book at the very day she gets the visa in hand?

That depends on the airline's policies I guess, but I've never heard of a required delay.

[Ryan H 3,818]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion.

[MattyUK 22]

On 21/04/2017 at 7:04 PM, geowrian said:

That depends on the airline's policies I guess, but I've never heard of a required delay.

Policies on what? Airlines only care if you have a ticket, that's it.  They don't care about your citizenship or any other status as long as you are who you say you are on the passport. 

[geowrian 22,337]

31 minutes ago, MattyUK said:

Policies on what? Airlines only care if you have a ticket, that's it.  They don't care about your citizenship or any other status as long as you are who you say you are on the passport. 

For booking purposes, most likely. I've never heard of an airline checking anything else, hence why it sounded odd for me. But there's nothing preventing an airline from making such a policy....I just don't see why they ever would do so.

 

As for actually using said ticket, airlines certain care more about somebody's immigration status than just if you have a passport. In many circumstances, they (the boarding crew) will do a precursory check that you have sufficient documentation to enter the US (i.e. a valid passport, visa, I-551 stamp, etc.) before you are able to board. This is beyond your actual passport to show who you are. They aren't CBP, but they can require that you present documentation that you have legal stratus to enter said country. I'm assuming they might not do this kind of check in some countries like the UK, but it definitely happens in some countries (especially those with strict exit controls). I know of at least 2 people have have been denied boarding for this reason (even with proper documentation but the airline didn't recognize it ...they were boarded on subsequent flights).

Edited April 24, 2017 by geowrian

[RJS7 5]

23 hours ago, geowrian said:

For booking purposes, most likely. I've never heard of an airline checking anything else, hence why it sounded odd for me. But there's nothing preventing an airline from making such a policy....I just don't see why they ever would do so.

 

As for actually using said ticket, airlines certain care more about somebody's immigration status than just if you have a passport. In many circumstances, they (the boarding crew) will do a precursory check that you have sufficient documentation to enter the US (i.e. a valid passport, visa, I-551 stamp, etc.) before you are able to board. This is beyond your actual passport to show who you are. They aren't CBP, but they can require that you present documentation that you have legal stratus to enter said country. I'm assuming they might not do this kind of check in some countries like the UK, but it definitely happens in some countries (especially those with strict exit controls). I know of at least 2 people have have been denied boarding for this reason (even with proper documentation but the airline didn't recognize it ...they were boarded on subsequent flights).

The reason airlines do this is it their responsibility to transit a person denied entry back to their point of origin. So there a cost to an airline for ever person refused at the border - the airline has to send you back to where you came from, whether you can pay for the ticket or not. Ryanair do this all the time for non EEA passengers and they only fly shorthall in Europe.