I-94 Not Found???

[PlusUltra 8]

Hello VJers,

 

My sister is having a hard time filing for her AOS from a CR2 Visa. She just married a US Citizen and is coming from a CR2 Visa. Does she need to file for an AOS from CR2?

She lives on her own now and is of age. Would she be able to file for an AOS as she married to a US Citizen? TIA

[NikLR 13,227]

No she doesnt need to adjust status from a CR2 visa but a CR2 is a child of a USC.  A spouse of a USC is IR1 or CR1 depending on length of marriage before entry.  

She will, however, eventually need to remove the conditions.  

Did she or the petitioner pay the immigrant fee online of $220 for the green card production?

 

Edited October 13, 2018 by NikLR

[geowrian 22,337]

No I-94 for somebody entering on an immigrant visa.

No AOS for anybody entering on an immigrant visa..they are already an immigrant so no need to adjust status to become one.

[pushbrk 12,882]

8 minutes ago, NikLR said:

No she doesnt need to adjust status from a CR2 visa but a CR2 is a child of a USC.  A spouse of a USC is IR1 or CR1 depending on length of marriage before entry.  

She will, however, eventually need to remove the conditions.  

Did she or the petitioner pay the immigrant fee online of $220 for the green card production?

 

CR2 is the stepchild of a US Citizen.  IR2 would be for a stepchild from a marriage of two years or more OR, the natural child of a US Citizen who cannot pass citizenship to their child before the child enters the US as an immigrant.

 

A person entering the US on a CR2 visa does not adjust status.  They "remove conditions" 21 to 24 months after entry.  Either way, they do NOT need an I-94.

[NikLR 13,227]

I mentioned removing conditions.  

Yes they are a stepchild even though on the petition you write check the "child" category.  (Which always confuses people.)

 

Mostly Im trying to get clarity from the OP of her sister's actual visa class.   Is its CR2 or CR1? Because there is a lot of mentioning of a spouse and none of a step-parent.