Once a CR1 visa is granted, how long until a I-485 AOS must be filed?

[illumined 14]

My wife is abroad currently awaiting her I-130 to go through to eventually get a CR1 visa to come here. After she comes, how long does she have until she has to the file the adjustment of status form? I'm trying to understand timelines here for the next part of the process and what she's able to do in the meantime, thanks. 

[Boiler 44,985]

You are seriously confused, I recommend a serious review of the process.

[LucindaLou 43]

As far as I know you only file the I-485 if you file for the Green Card within the US. Once the I-130 is approved you will file a DS-260 and so on , to finish the process in abroad. Once she enters the US the Green Card will be mailed to her.

 

[Micam 32]

As others have said, the adjustment of status won't be necessary as you are filing from outside the US. This link shows the next steps for you and your partner once the I-130 is approved: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

 

Once this is complete, you DO then have to remove the conditions of the greencard for CR1, but I believe your wife will have 2 years in the US before she needs to do this. 

[appleblossom 2,011]

1 hour ago, illumined said:

My wife is abroad currently awaiting her I-130 to go through to eventually get a CR1 visa to come here. After she comes, how long does she have until she has to the file the adjustment of status form? I'm trying to understand timelines here for the next part of the process and what she's able to do in the meantime, thanks. 

You’ve misunderstood the process, if your wife is outside the US then AOS doesn’t come in to it. This page lays it out for you, read all the steps to understand the process you’ll be going through to get her IV - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Good luck. 

[laylalex 7,284]

AOS does what it says on the tin: it is an adjustment of status. For example, my husband came in on an L1 work visa, which is a dual intent, nonimmigrant visa. He needed to adjust status to permanent resident status after we were married, so we filed the I-485, etc. 

 

Your wife will enter on a CR1 visa, which is an immigrant visa. There is no status to adjust -- she is already a permanent resident from the moment she is admitted to the US.

 

Do what Boiler said and do a serious review of the process, and best of luck to you for a smooth CR1 process.  

[pushbrk 12,636]

2 hours ago, laylalex said:

AOS does what it says on the tin: it is an adjustment of status. For example, my husband came in on an L1 work visa, which is a dual intent, nonimmigrant visa. He needed to adjust status to permanent resident status after we were married, so we filed the I-485, etc. 

 

Your wife will enter on a CR1 visa, which is an immigrant visa. There is no status to adjust -- she is already a permanent resident from the moment she is admitted to the US.

 

Do what Boiler said and do a serious review of the process, and best of luck to you for a smooth CR1 process.  

I'll add that if your wife enters the USA two years after your legal marriage, her status will be IR1, not CR1, and there will be nothing to do but your choice of renewing the green card in 10 years or becoming a US Citizen anytime between the 3 and 10 years.

[Dashinka 24,170]

5 hours ago, illumined said:

My wife is abroad currently awaiting her I-130 to go through to eventually get a CR1 visa to come here. After she comes, how long does she have until she has to the file the adjustment of status form? I'm trying to understand timelines here for the next part of the process and what she's able to do in the meantime, thanks. 

Are you referring to the Removal of Conditions (I751) process?  If so, if she arrives in the US (activating her green card) and the marriage is still less than 2 yrs old (i.e. she is a conditional resident/LPR), then you will file the I751 three years less 90 days after that date of entry.  If she enters the US activating her GC and the marriage is more than 2 yrs old, then she will be entitled to a 10 yr GC and no I751 will be necessary even if the visa was issued as a CR1.

[jan22 3,020]

2 hours ago, Dashinka said:

Are you referring to the Removal of Conditions (I751) process?  If so, if she arrives in the US (activating her green card) and the marriage is still less than 2 yrs old (i.e. she is a conditional resident/LPR), then you will file the I751 three years less 90 days after that date of entry.  If she enters the US activating her GC and the marriage is more than 2 yrs old, then she will be entitled to a 10 yr GC and no I751 will be necessary even if the visa was issued as a CR1.

Important correction -- the I-751 needs to be file inTWO years, not three.

[Dashinka 24,170]

12 minutes ago, jan22 said:

Important correction -- the I-751 needs to be file inTWO years, not three.

Oops, thanks, yes two years less 90 days, mixing up the N400 with the I751.

[illumined 14]

Ok I think I understand where I went wrong, I got this process confused with a different one that we had been considering when all this started. Then seeing how often these are filed together for people who are already living here kind of reinforced that. Thanks for clarifying.

[pushbrk 12,636]

9 hours ago, jan22 said:

Important correction -- the I-751 needs to be file inTWO years, not three.

Easy way to say that is it is filed up to 90 days before the two year anniversary of US entry.  Best to be as close to 90 days as possible.