conditional status

[ling 0]

ive been reading about the conditional status of K1 for their permanent resident status. could somebody explain this further. thanks a lot.

[ELW 5]

I'm not sure if this is what you are asking, but here is a quote I found:

http://web.extension.uiuc.edu/cook/factshe...igrants510.html

Permanent Residents: Right and Responsibilities

Immigrants

Immigrants are also known as permanent residents or "green card" holders. Permanent resident immigrants:

* Can live permanently in the United States provided they do not break any laws that would make them removable (deportable) under the immigration law.

* Can be employed in the United States in any legal job of your qualification and choosing (except for positions which require U.S. citizenship because of national security issues).

* Are protected by all of the laws of the United States, state of residence and local jurisdictions.

* Can travel freely outside the U.S. for periods of under one year. If you stay outside the U.S. for more than one year, but less than two years, you must first secure a reentry permit. (Trips outside the U.S. of a duration of more than two years, or when the US CIS has reason to believe you have abandoned your permanent residency in the US based on multiple trips abroad of long duration even if under a year may result in the loss of your status as a permanent resident).

* Are required to file all local, state, and federal tax returns each year.

* Are required to register with the Selective Service if you are a male, age 18 through 25.

* May file immigrant visa petitions only for immediate family members such asspouses and unmarried minor children, however, these relatives may have to wait for a visa before they cancome tothe USA.

One important difference between permanent resident and U.S. citizens is that permanent resident immigrants may not vote in elections where U.S. citizenship is required and may not travel on a U.S. passport.

If you are a permanent resident, it is very important that you maintain your immigration status at all times. You may lose your permanent residence status if you break a law or do something that makes you removable from the United States. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a permanent resident.

You can also lose your permanent resident status by "abandoning" your residence in this country. You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

Declare yourself a "nonimmigrant" on your tax returns.

What Is a Green Card?

Permanent Residents are given a special card, also known as Form I-551. At one time the card had a green background, which is why it became known as a green card. A green card is evidence of your status as a lawful permanent resident with a right to live and work permanently in the United States. It also is evidence of your registration in accordance with United States immigration laws.

A green card is issued to all permanent residents as proof of registration as an "alien" and their permanent status in the US. Federal law requires that permanent residents keep this card in their possession at all times. This requirement means that you are not only required to have a currently valid Form I-551 at all times, but also that you must carry your currently valid Form I-551 on your person at all times. The Permanent Resident Card currently is issued with a ten (10)-year validity. Your status as a permanent resident does not expire with the ten (10)-year validity. Only the card expires. The card is only valid up to the expiration date and must be renewed before it expires.

If you are a lawful permanent resident whose ten-year I-551 has expired or will expire within the next six months, you may renew your card by filing US CIS Form I-90 http://uscis.gov/graphics/formsfee/forms/i-90.htm .

A Form I-90 can be downloaded from the US CIS web site, or ordered by calling the Forms request line at 1 (800) 870-3676, or by submitting a request on-line using this link http://uscis.gov/graphics/formsfee/forms/index.htm . The US CIS also allows permanent residents to file Form I-90 on-line using an Internet connection. Please see Introduction to E-Filing on the US CIS for more information http://uscis.gov/graphics/formsfee/forms/eFiling.htm.

The Permanent Resident Card (either unconditioned or conditioned) can be used to prove employment eligibility in the US when completing the Form I-9 for a new employer. It can also be used to apply for a Social Security Card and a state issued driver's license. The card is valid for readmission to the United States if the trip was not greater than one year in length. If a trip will last longer than one year, a reentry permit is needed.

Conditional Permanent Residents

Certain permanent residents are granted their status in two stages: first as a "conditional resident," granting benefits initially for only two years with permanent status to be conferred after that time contingent upon the individual fulfilling certain requirements. For example, individuals who are granted permanent residency based on marriage, must prove they have remained in a bona fide marriage for two years before requesting removal of the conditional status.

A conditional permanent resident is issued a card valid for two years. In order to remain a permanent resident, the conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The condition must be removed or you lose your permanent resident status. (See Form I-751 and Form I-829)

[Mononoke28 137]

People coming into the US using a K1 visa have 90 days to get married to the petitioner. Once they get married, they need to apply for AOS, when this is approved, the beneficiary will get a 2 year conditional green card. This means that it is valid for 2 years and the green card holder needs to apply to remove conditions 90 days before it expires to get the 10 year green card.

Diana

[Jasman0717 9]

Read through the guides, the link is at the top of the page. That should help you understand the process from the K-1 through lifting conditions. Good luck

[ling 0]

thanks a lot