Military Dependant with CR-1 Visa

[AmericanSoldier 0]

Howdy Everyone,

I have some lengthy question here, but any feed back would be outstanding.

I am currently stationed in Iraq and have been working for the U.S. Army at just 7 years now. My Thai wife is to have her interview the 20th of June to get CR-1 Visa Status. We met in South Korea and dated for two years before marrying. We have been married at just a year now. Upon arrival she will staying with my parents untill I get back. I have another 6 to 9 months here. She is nervous about being there without me, but she said she would try and give it a shot.

We have discussed that if she is not comfortable staying there after she fullfills her entry requirement that she will go back to stay with her family in Thailand. Me and my family are already trying to get things in line for her to make her comfortable and they will help her out as much as possible. My aunt has already offered her a job.

I dont want to violate any polices that would keep me for being able to file the I-751 to remove her conditional permanent residence status. I understand that she must be married to me for two years as well as have two years time in the U.S. Within the 90 day widow of her 2nd entry anniversary she must file the I-751.

How long is she allowed to be outside the U.S. as to not hurt her 2 year requirement to remove the status?

I have been doing my homework online and I have read she must apply for a re-entry permit before she leaves to be able to come back if she is gone longer that a year. Is this true even though her visa status will fall under the multiple entry category?

It would be good to hear some info from someone that may be smarter than me on the subject.

Also does anyone know the policy for military dependants traveling on military orders while there are on conditional permanent residence status? I have to opportunity to move to a sweet assignement either in the Netherlands or Japan after I get back from here and I would be able take my wife.

Does being deployed on orders count just the same as time on U.S. soil?

Does being married to a U.S. service member allow my wife to become eligible for citizenship faster?

Thanks for everyones time.

V/r

SSG Adam Perrin

[MaydayDas 1]

Wow, that was too big for my eyes

1. she can go outside US when she is on a conditional status but I am not sure for how long. I am in Germany connected to a military base and a friend of mine went to US just to get the GC and SSN and she came back to Germany cause her husband is still here working like a civilian for the Army. But every 6 month she travels back to US just not to loose her residency there.

2. us military bases in the world should count like US soil and you should be able to get your wife with you. you should go and ask at the JAG office.

3. about citizenship, I think the rules are the same: you said you two are married 1 year only it means she will have a conditional status the first 2 years entering in US, after that she will become a permanent resident and in 3 year can apply for citizenship. If you where married more than 2 years your wife would get the permanent residency from the start so faster to get the citizenship.

Edited May 23, 2007 by MaydayDas

[YuAndDan 153]

Please we are not blind, use a smaller font!

[MaydayDas 1]

take a look at this thread it says about an expedite naturalization http://www.visajourney.com/forums/index.php?showtopic=22537

[pushbrk 12,898]

I have been doing my homework online and I have read she must apply for a re-entry permit before she leaves to be able to come back if she is gone longer that a year. Is this true even though her visa status will fall under the multiple entry category?

It would be good to hear some info from someone that may be smarter than me on the subject.

Does being married to a U.S. service member allow my wife to become eligible for citizenship faster?

Yes, what you've read is correct. She may enter as many times as she wishes, as an LPR. I suggest she stays at least long enough to obtain the green card and SS card. You'll only be gone 9 more months, so she wouldn't need to worry about a re-entry permit if that timeline holds, no matter how long she stays on the first entry.

Being married to a US Citizen allows your spouse to become a citizen three years after she receives her green card. This is not further expedited for the spouse of a service member.

I can't address your further overseas deployment if she joins you but JAG can probably advise you on that.

[hollywood79 0]

Hi there,

Have you considered letting your wife stay at home for about 6mths after the visa is issued? Once the visa is issued she will have 6mths to enter the US. This way she will only be alone in the US for a few months until you get back.

Re-entry permit - I don't think that applies to a spousal visa as that is a mulitple entry visa (I'm pretty sure!)

As for travelling space A, as long as she has her dependants card and your military orders she can travel. My husband is stationed stateside and I can only travel with him on Space A, I'm not allowed to be without him. I could if he was stationed overseas.

Being deployed should be considered the same as being in the US. My husband was in JAPAN for 2 years and we didn't have a problem with his residency requirements.

Unfortunately, if your wife enters on a CR-1 visa it may take 5 years or so before she can apply for citizenship.

goodluck.

[pushbrk 12,898]

Hi there,

Have you considered letting your wife stay at home for about 6mths after the visa is issued? Once the visa is issued she will have 6mths to enter the US. This way she will only be alone in the US for a few months until you get back.

Re-entry permit - I don't think that applies to a spousal visa as that is a mulitple entry visa (I'm pretty sure!)

As for travelling space A, as long as she has her dependants card and your military orders she can travel. My husband is stationed stateside and I can only travel with him on Space A, I'm not allowed to be without him. I could if he was stationed overseas.

Being deployed should be considered the same as being in the US. My husband was in JAPAN for 2 years and we didn't have a problem with his residency requirements.

Unfortunately, if your wife enters on a CR-1 visa it may take 5 years or so before she can apply for citizenship.

goodluck.

The above contains multiple errors.

1. Yes, the re-entry permit is required if an LPR leaves the US for more than one year.

2. The CR1 visa is a single entry visa but there is an immediate green card. Green Card holders can enter and exit as often as they like.

3. If your sister enters on an immigrant visa it will take 5 years to apply for citizenship. For a spouse it's 3 years.

[MaydayDas 1]

For a spouse can be 5 years until she can apply for citizenship if when she enters US she gets the conditional residence (less than 2 years marriage)...after 2 years she will become permanent resident and she has to wait another 3 years for citizenship.

[pushbrk 12,898]

For a spouse can be 5 years until she can apply for citizenship if when she enters US she gets the conditional residence (less than 2 years marriage)...after 2 years she will become permanent resident and she has to wait another 3 years for citizenship.

Do you have a reference that indicates entry as a CR1 falls short of the definition of legal entry as permanent resident? Conditional LPR is still LPR. The conditions are removed a year in advance of their qualification for Naturalization. Both the 10 year and 2 year green cards have expiration dates, so neither is techically permanent, just legal entry with resident status and rights.

Edited May 23, 2007 by pushbrk

[hollywood79 0]

Hi there,

Have you considered letting your wife stay at home for about 6mths after the visa is issued? Once the visa is issued she will have 6mths to enter the US. This way she will only be alone in the US for a few months until you get back.

Re-entry permit - I don't think that applies to a spousal visa as that is a mulitple entry visa (I'm pretty sure!)

As for travelling space A, as long as she has her dependants card and your military orders she can travel. My husband is stationed stateside and I can only travel with him on Space A, I'm not allowed to be without him. I could if he was stationed overseas.

Being deployed should be considered the same as being in the US. My husband was in JAPAN for 2 years and we didn't have a problem with his residency requirements.

Unfortunately, if your wife enters on a CR-1 visa it may take 5 years or so before she can apply for citizenship.

goodluck.

The above contains multiple errors.

1. Yes, the re-entry permit is required if an LPR leaves the US for more than one year.

2. The CR1 visa is a single entry visa but there is an immediate green card. Green Card holders can enter and exit as often as they like.

3. If your sister enters on an immigrant visa it will take 5 years to apply for citizenship. For a spouse it's 3 years.

1 and 2. He is in the military and they most likely will live on base (US soil) when he stationed in Japan or thre Nederlands, his spouse may not need a re-entry permit as she will be on his military orders. American soilder - you should have a briefing before you are transferred, your Commander will have a better understanding of what your wife will need.

3. She will be entering on a CR-1, she will need to adjust her status after two years then apply after 3 years, hence 5 years minimum. I will be entering on an IR-1 and if I choose to I will apply for Citizenship in 2010.

Found this in one of the guides here at VJ " As a spouse of a US Citizen, you can apply for citizenship 3 (three) years after approval of your Adjustment of Status. Back at the AOS interview, your passport was stamped with the I-551 stamp and a date. The 3 year countdown begins with that date. This 3 year period does not include long absences from the United States. "

[pushbrk 12,898]

Hi there,

Have you considered letting your wife stay at home for about 6mths after the visa is issued? Once the visa is issued she will have 6mths to enter the US. This way she will only be alone in the US for a few months until you get back.

Re-entry permit - I don't think that applies to a spousal visa as that is a mulitple entry visa (I'm pretty sure!)

As for travelling space A, as long as she has her dependants card and your military orders she can travel. My husband is stationed stateside and I can only travel with him on Space A, I'm not allowed to be without him. I could if he was stationed overseas.

Being deployed should be considered the same as being in the US. My husband was in JAPAN for 2 years and we didn't have a problem with his residency requirements.

Unfortunately, if your wife enters on a CR-1 visa it may take 5 years or so before she can apply for citizenship.

goodluck.

The above contains multiple errors.

1. Yes, the re-entry permit is required if an LPR leaves the US for more than one year.

2. The CR1 visa is a single entry visa but there is an immediate green card. Green Card holders can enter and exit as often as they like.

3. If your sister enters on an immigrant visa it will take 5 years to apply for citizenship. For a spouse it's 3 years.

1 and 2. He is in the military and they most likely will live on base (US soil) when he stationed in Japan or thre Nederlands, his spouse may not need a re-entry permit as she will be on his military orders. American soilder - you should have a briefing before you are transferred, your Commander will have a better understanding of what your wife will need.

3. She will be entering on a CR-1, she will need to adjust her status after two years then apply after 3 years, hence 5 years minimum. I will be entering on an IR-1 and if I choose to I will apply for Citizenship in 2010.

Found this in one of the guides here at VJ " As a spouse of a US Citizen, you can apply for citizenship 3 (three) years after approval of your Adjustment of Status. Back at the AOS interview, your passport was stamped with the I-551 stamp and a date. The 3 year countdown begins with that date. This 3 year period does not include long absences from the United States. "

1. This is still an error. The OP said his wife may return to her home country to await his arrival and yes the re-entry permit applies to all LPR's. Whether traveling on military orders or living on US soil abroad changes things is irrelevant to your initial assertion.

2. The CR1 visa is not multiple entry. CR1 visa holders receive a green card soon after entry and may travel as they wish, subject to the re-entry issue.

3. Thanks for the reference. If correct, and I assume it is, that changes things.

[hollywood79 0]

1. This is still an error. The OP said his wife may return to her home country to await his arrival and yes the re-entry permit applies to all LPR's. Whether traveling on military orders or living on US soil abroad changes things is irrelevant to your initial assertion.

2. The CR1 visa is not multiple entry. CR1 visa holders receive a green card soon after entry and may travel as they wish, subject to the re-entry issue.

3. Thanks for the reference. If correct, and I assume it is, that changes things.

1 and 2. I have just looked at some old posts, still recent, and there have been many people who are on CR1 and left the US without a re entry permit. I hope this link works - http://www.visajourney.com/forums/lofivers...php/t28122.html

Also, I think she will only need a re entry permit if she is out of the country for more than year. There is a possibilty she may not need one because she will be out of the US because of her husband, who is out of the US because of the military. I do think that being in the military changes some things, especially residency requirements.

3. You're welcome, we chose the IR1 route because of less paperwork, I HATE paperwork!!

[MaydayDas 1]

1 and 2. I have just looked at some old posts, still recent, and there have been many people who are on CR1 and left the US without a re entry permit. I hope this link works - http://www.visajourney.com/forums/lofivers...php/t28122.html

Also, I think she will only need a re entry permit if she is out of the country for more than year. There is a possibilty she may not need one because she will be out of the US because of her husband, who is out of the US because of the military. I do think that being in the military changes some things, especially residency requirements.

3. You're welcome, we chose the IR1 route because of less paperwork, I HATE paperwork!!

[hollywood79 0]

1 and 2. I have just looked at some old posts, still recent, and there have been many people who are on CR1 and left the US without a re entry permit. I hope this link works - http://www.visajourney.com/forums/lofivers...php/t28122.html

Also, I think she will only need a re entry permit if she is out of the country for more than year. There is a possibilty she may not need one because she will be out of the US because of her husband, who is out of the US because of the military. I do think that being in the military changes some things, especially residency requirements.

3. You're welcome, we chose the IR1 route because of less paperwork, I HATE paperwork!!

goodluck at your interview, mine is a few days after yours!!

[pushbrk 12,898]

1. This is still an error. The OP said his wife may return to her home country to await his arrival and yes the re-entry permit applies to all LPR's. Whether traveling on military orders or living on US soil abroad changes things is irrelevant to your initial assertion.

2. The CR1 visa is not multiple entry. CR1 visa holders receive a green card soon after entry and may travel as they wish, subject to the re-entry issue.

3. Thanks for the reference. If correct, and I assume it is, that changes things.

1 and 2. I have just looked at some old posts, still recent, and there have been many people who are on CR1 and left the US without a re entry permit. I hope this link works - http://www.visajourney.com/forums/lofivers...php/t28122.html

Also, I think she will only need a re entry permit if she is out of the country for more than year. There is a possibilty she may not need one because she will be out of the US because of her husband, who is out of the US because of the military. I do think that being in the military changes some things, especially residency requirements.

3. You're welcome, we chose the IR1 route because of less paperwork, I HATE paperwork!!

Well, judge for yourself. Here's question you answered by saying a re-entry permit isn't required with the multiple entry CR1 visa.

I have been doing my homework online and I have read she must apply for a re-entry permit before she leaves to be able to come back if she is gone longer that a year. Is this true even though her visa status will fall under the multiple entry category?

Your answer was wrong on both counts. CR1 is not a multiple entry visa and the re-entry permit is required under the circumstances described in the question.