Filing and Traveling

[johnandmelody 0]

Backstory (for clarification):  My wife came over in May 2016 on a K-1 Fiancee visa.  We were married in July 2016 and I filed for AOS right after and it was approved and she's been in a conditional status (CR-1, I think). 

 

I believe, if I have it right, that she'll be able to apply for removal of the conditional status beginning in November this year (2018).  So we're definitely going to do that.  But also, I read somewhere that if you are married to a USC, you can apply for citizenship after two years and nine months (which would be February of 2019 given she arrived in May 2016) Normally I've heard a FULL THREE YEARS but it seems you can send in the application THREE MONTHS AHEAD of the three-year anniversary. Or does one need to be married for the full three years -- meaning we should wait until August 2019 since we were married in July 2016?  

 

Also, what is the story on traveling once she has applied for removal of the conditional status?  I know there's the all-important letter that indicates you are IN PROCESS but is that all she needs with her current foreign passport, our marriage certificate, deer-in-the-headlights husband, in order to GET BACK into the USA if we would like to go to Paris (for example) for a week or so?  Do we need to also get Advanced Parole for her?   We aren't rich and the Advanced Parole at nearly $600 adds a lot to an already expensive trip (France) -- if that's the case we may have to just go to the Canadian side of Niagara Falls instead (sort of kidding).

 

So what I hope to do is this:

 

1.  File the I-751 in November.

2.  Get the IN PROCESS letter by February/March.

3.  File the N-400 for naturalization by March.

4.  Travel to Paris for a week in May/June.

5.  Probably her N-400 might be processed faster than her I-751 many, many months later and she can become a USC and the I-751 becomes something she doesn't need (other than the IN PROCESS letter to keep her legally in the U.S. until she passes the citizenship test and takes the oath). If the I-751 comes first, then we'll gather all our documents/pictures and have the interview with the immigration officer to have the conditional status removed so at least she'll be a LPR without any conditional status.  I hope that once she's a LPR with no conditional status that she can travel in/out on an overseas trip without any difficulty but it seems pretty scary these days with immigration!

 

Is there anything wrong in my thinking?  I hope not but I defer to others here that have been through the process or have studied up on immigration law.  Thank you.

 

 

[Cyberfx1024 7,980]

1 minute ago, johnandmelody said:

Backstory (for clarification):  My wife came over in May 2016 on a K-1 Fiancee visa.  We were married in July 2016 and I filed for AOS right after and it was approved and she's been in a conditional status (CR-1, I think). 

 

I believe, if I have it right, that she'll be able to apply for removal of the conditional status beginning in November this year (2018).  So we're definitely going to do that.  But also, I read somewhere that if you are married to a USC, you can apply for citizenship after two years and nine months (which would be February of 2019 given she arrived in May 2016) Normally I've heard a FULL THREE YEARS but it seems you can send in the application THREE MONTHS AHEAD of the three-year anniversary. Or does one need to be married for the full three years -- meaning we should wait until August 2019 since we were married in July 2016?  

 

Also, what is the story on traveling once she has applied for removal of the conditional status?  I know there's the all-important letter that indicates you are IN PROCESS but is that all she needs with her current foreign passport, our marriage certificate, deer-in-the-headlights husband, in order to GET BACK into the USA if we would like to go to Paris (for example) for a week or so?  Do we need to also get Advanced Parole for her?   We aren't rich and the Advanced Parole at nearly $600 adds a lot to an already expensive trip (France) -- if that's the case we may have to just go to the Canadian side of Niagara Falls instead (sort of kidding).

 

So what I hope to do is this:

 

1.  File the I-751 in November.

2.  Get the IN PROCESS letter by February/March.

3.  File the N-400 for naturalization by March.

4.  Travel to Paris for a week in May/June.

5.  Probably her N-400 might be processed faster than her I-751 many, many months later and she can become a USC and the I-751 becomes something she doesn't need (other than the IN PROCESS letter to keep her legally in the U.S. until she passes the citizenship test and takes the oath). If the I-751 comes first, then we'll gather all our documents/pictures and have the interview with the immigration officer to have the conditional status removed so at least she'll be a LPR without any conditional status.  I hope that once she's a LPR with no conditional status that she can travel in/out on an overseas trip without any difficulty but it seems pretty scary these days with immigration!

 

Is there anything wrong in my thinking?  I hope not but I defer to others here that have been through the process or have studied up on immigration law.  Thank you.

 

 

Your wife has her 2 year Conditional Green card right now not a CR-1. She can file for Removal of Conditions(ROC) 90 days before the 2 Conditional GC expires. She will then get a NOA1 extending the green card for another 18 months while the ROC is processing. She can use this Extension Letter and the Expired GC  to travel abroad, she does not need Advanced Parole at all because the Extension Letter is the GC. 
She can then file for Naturalization at the 3 year mark of the "Resident since XXXX" on her Green Card.

[johnandmelody 0]

Cyberfx124,

 

Thank you for the quick response! I know it had it wrong somehow.  Thank you for the clarifications.  Yes, she does have a conditional green card right now and that green card expires in 1/19 so that's why she can apply for ROC in 11/18 (90 days before).   So once we get that Extension Letter and she has her expired GC, she'll be able to get back into the USA once we leave for a short trip.  

 

I'll have to look at her GC to find out what it says for "Resident since XXXX" so that we can plan for applying for naturalization at the three year mark -- but isn't that something you can send in the application three months ahead of the three year mark?   I'm glad we don't have to get/pay for the Advanced Parole!

 

Live long and prosper!

[Cyberfx1024 7,980]

5 minutes ago, johnandmelody said:

Cyberfx124,

 

Thank you for the quick response! I know it had it wrong somehow.  Thank you for the clarifications.  Yes, she does have a conditional green card right now and that green card expires in 1/19 so that's why she can apply for ROC in 11/18 (90 days before).   So once we get that Extension Letter and she has her expired GC, she'll be able to get back into the USA once we leave for a short trip.  

 

I'll have to look at her GC to find out what it says for "Resident since XXXX" so that we can plan for applying for naturalization at the three year mark -- but isn't that something you can send in the application three months ahead of the three year mark?   I'm glad we don't have to get/pay for the Advanced Parole!

 

Live long and prosper!

Follow these guides sir. 

 

http://www.visajourney.com/content/naturalization_guide

http://www.visajourney.com/content/naturalization_requirements

 

 

http://www.visajourney.com/forums/forum/114-us-citizenship-general-discussion/

Edited July 26, 2018 by Cyberfx1024

[johnandmelody 0]

Cyberfx1024,

 

Thank you for the links.  Thank you also for your service to the country.