confusion regarding removal of conditions

[lunchboxthermos 1]

hi VJ community,

 

i'm so very confused right now.  my husband just entered last week (june 1st) using his spouse visa.  but on the bottom of the visa it says, "upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year"

 

but i'm reading everywhere online that the removal of conditions is 90 days before the 2 year mark??  but how is that possible if he's only allowed one year??

[Crazy Cat 41,894]

His actual  GC will reflect a 2 year expiration  date. ROC should be filed within 90 days prior to that expiration date.

Edited June 9, 2017 by missileman

[Jojo92122 1,924]

The immigration visa upon entry into the US, it is endorsed and becomes a temporary 1 year green card.  This is used temporarily until his plastic green card comes.

 

In a few weeks, your husband will get his 2 years plastic green card.  That's good for 2 years and requires him to file for ROC 90 days before it expires.  The $220 immigration fee is for this plastic card.

[lunchboxthermos 1]

oh okay.  i thought the conditional thing was because we've only been married less than 2 years? (to date, we've only been married ~1.5 years).

 

 

 

[Jojo92122 1,924]

1 minute ago, lunchboxthermos said:

oh okay.  i thought the conditional thing was because we've only been married less than 2 years? (to date, we've only been married ~1.5 years).

 

 

 

Your husband is getting a 2 years conditional green card because he was married less than 2 years when he entered the US. 

 

The immigration visa becoming a temporary 1 year green card applies to everyone who enters the US on an immigration visa.  The immigration visa becoming a temporary 1 year green card has nothing to do with the length of your marriage.

 

You are confusing two separate things.  

[millefleur 5,046]

**Moved from Adjustment of Status (Green Card) from Family Based Visas to IR-1 / CR-1 Spouse Visa Process & Procedures; OP's husband entered on a CR-1**

[lunchboxthermos 1]

ahhh, okay thanks so much for clearing that up!  

 

so does that mean that we MUST stay in the US for 2 full years (applying for the removal of conditions 90 days prior to the 2 years are up)?  i was intending to apply for the expedited 319(b) as i work for an international missionary organisation overseas.  (another co-worker of mine also applied for this as well, and their spouse was naturalised quickly so they could return overseas, so this method was suggested to me).  now i'm so confused as to when we could apply for that.

[Jojo92122 1,924]

Don't know anything about 319(b).  Talk to your co-worker or talk to an immigration lawyer.

 

If he wants to keep his green card, then he must make the US his home.  There is no MUST.  He can leave the US.  If he moves out the US, then he may be deemed to have abandoned his green card.  This is the general rule.

[lunchboxthermos 1]

6 minutes ago, Jojo92122 said:

Don't know anything about 319(b).  Talk to your co-worker or talk to an immigration lawyer.

 

If he wants to keep his green card, then he must make the US his home.  There is no MUST.  He can leave the US.  If he moves out the US, then he may be deemed to have abandoned his green card.  This is the general rule.

319(b) allows my husband to be naturalised sooner, because i am assigned to work overseas.  we do intend to make the US our home, but my job requires me to work overseas a couple years at a time.  right now it's just a matter of figuring out when i'm supposed to apply for things as it's complicated.

 

but thank you so much for clearing up the former!  really helps a lot.

[David & Diana R 1,005]

11 minutes ago, lunchboxthermos said:

ahhh, okay thanks so much for clearing that up!  

 

so does that mean that we MUST stay in the US for 2 full years (applying for the removal of conditions 90 days prior to the 2 years are up)?  i was intending to apply for the expedited 319(b) as i work for an international missionary organisation overseas.  (another co-worker of mine also applied for this as well, and their spouse was naturalised quickly so they could return overseas, so this method was suggested to me).  now i'm so confused as to when we could apply for that.

Be very careful about the 90 day mention.  The filing should be made NO MORE THAN 90 days before expiration of his 2 year green card.  If you file 91 days before you will get the entire packet back. 

[lunchboxthermos 1]

6 minutes ago, David & Zoila said:

Be very careful about the 90 day mention.  The filing should be made NO MORE THAN 90 days before expiration of his 2 year green card.  If you file 91 days before you will get the entire packet back. 

thanks for the reminder, David & Zoila!  haha i have seen many many warnings about this, so i will definitely pay attention to it.  

 

(just a little confused about trying to apply for expedited naturalisation before the 2 years are up - if that is even a possibility!)

[millefleur 5,046]

4 minutes ago, lunchboxthermos said:

thanks for the reminder, David & Zoila!  haha i have seen many many warnings about this, so i will definitely pay attention to it.  

 

(just a little confused about trying to apply for expedited naturalisation before the 2 years are up - if that is even a possibility!)

I found an old thread about it, this might help but since it's two years old I would still double check it:

 

 

[lunchboxthermos 1]

thanks for the link, millefleur!  will take a look through that thread!