I'm not going to US!

[~bLairwhich~ 0]

Hi,

I have some questions.

I am a Filipina, and I am still here in the Philippines.

My US VISA will be expired this December 2008. I can't come to the United States because of the following reasons:

1. My husband is still in contract with the US Military. He is based in South Korea. That will be until June 2009.

2. I'm pregnant.

Questions:

1. I am under CR1 or Conditional Spouse, how can we remove the conditional status, can it be done here in the Philippines? Please leme know where to find information. Our second anniversary will be on February 2009.

2. When my US VISA expires this December, do we have to redo the process? Or shall it just be renewed?

I heard that those in the military can get the greencard process done without being physically in the US. Where this can be done?

3. My baby after he is born will be an automatic US citizen...do we need to apply? Where?

I know that we should research or find the answers for ourselves but I'm lost of keywords, I just wanted to hear some personal accounts and expertise regarding this matters. Thanks a lot!!!!!

[payxibka 10,045]

Hi,

I have some questions.

I am a Filipina, and I am still here in the Philippines.

My US VISA will be expired this December 2008. I can't come to the United States because of the following reasons:

1. My husband is still in contract with the US Military. He is based in South Korea. That will be until June 2009.

2. I'm pregnant.

Questions:

1. I am under CR1 or Conditional Spouse, how can we remove the conditional status, can it be done here in the Philippines? Please leme know where to find information. Our second anniversary will be on February 2009.

2. When my US VISA expires this December, do we have to redo the process? Or shall it just be renewed?

I heard that those in the military can get the greencard process done without being physically in the US. Where this can be done?

3. My baby after he is born will be an automatic US citizen...do we need to apply? Where?

I know that we should research or find the answers for ourselves but I'm lost of keywords, I just wanted to hear some personal accounts and expertise regarding this matters. Thanks a lot!!!!!

1) You are not a conditional resident until you enter the USA. You cannot remove conditions unless you are a resident.

3) You would need to file a report of birth abroad to the nearest US consulate/embassy

[~bLairwhich~ 0]

What about if I am a wife of an overseas worker? Isn't there special rules on that?

Hi,

I have some questions.

I am a Filipina, and I am still here in the Philippines.

My US VISA will be expired this December 2008. I can't come to the United States because of the following reasons:

1. My husband is still in contract with the US Military. He is based in South Korea. That will be until June 2009.

2. I'm pregnant.

Questions:

1. I am under CR1 or Conditional Spouse, how can we remove the conditional status, can it be done here in the Philippines? Please leme know where to find information. Our second anniversary will be on February 2009.

2. When my US VISA expires this December, do we have to redo the process? Or shall it just be renewed?

I heard that those in the military can get the greencard process done without being physically in the US. Where this can be done?

3. My baby after he is born will be an automatic US citizen...do we need to apply? Where?

I know that we should research or find the answers for ourselves but I'm lost of keywords, I just wanted to hear some personal accounts and expertise regarding this matters. Thanks a lot!!!!!

1) You are not a conditional resident until you enter the USA. You cannot remove conditions unless you are a resident.

3) You would need to file a report of birth abroad to the nearest US consulate/embassy

[payxibka 10,045]

What about if I am a wife of an overseas worker? Isn't there special rules on that?

Not that I am aware of...

Do you even have a greencard yet?

Edited September 2, 2008 by fwaguy

[~bLairwhich~ 0]

I don't even have a greencard yet.

I am after removing the conditional status without being in the US. I heard that this can be done if the petioner is under some circumstances of being overseas. I recall you were the one who gave that link to me about that circumstance?

Correct me if I am wrong?

Thanks for enlightening my issues up.

What about if I am a wife of an overseas worker? Isn't there special rules on that?

Not that I am aware of...

Do you even have a greencard yet?

[payxibka 10,045]

I don't even have a greencard yet.

I am after removing the conditional status without being in the US. I heard that this can be done if the petioner is under some circumstances of being overseas. I recall you were the one who gave that link to me about that circumstance?

Correct me if I am wrong?

Thanks for enlightening my issues up.

What about if I am a wife of an overseas worker? Isn't there special rules on that?

Not that I am aware of...

Do you even have a greencard yet?

1) there is no removing of conditions if you have not received a greencard yet... without a greencard it is not possible to do this....

2) once you enter the US and are given a greencard, they will look at your anniversary date of your marriage. If it has been more than two years then you will be issued a 10 yr card automatically... if not then you will be given a two year greencard which after two years you submit the I-751 to remove conditions..... there is nothing to do in the interim period

3) If I gave you a link, then where/what is it... I cannot seem to locate anything....

Edited September 2, 2008 by fwaguy

[~bLairwhich~ 0]

Please refer to your answer when I posted this question:

http://www.visajourney.com/forums/index.php?showtopic=135607

Thank you!

I don't even have a greencard yet.

I am after removing the conditional status without being in the US. I heard that this can be done if the petioner is under some circumstances of being overseas. I recall you were the one who gave that link to me about that circumstance?

Correct me if I am wrong?

Thanks for enlightening my issues up.

What about if I am a wife of an overseas worker? Isn't there special rules on that?

Not that I am aware of...

Do you even have a greencard yet?

1) there is no removing of conditions if you have not received a greencard yet... without a greencard it is not possible to do this....

2) once you enter the US and are given a greencard, they will look at your anniversary date of your marriage. If it has been more than two years then you will be issued a 10 yr card automatically... if not then you will be given a two year greencard which after two years you submit the I-751 to remove conditions..... there is nothing to do in the interim period

3) If I gave you a link, then where/what is it... I cannot seem to locate anything....

[~bLairwhich~ 0]

How can I apply greencard with my situation?

Leme know guyz.....

fwaguy..thanks again..sorry for not displaying the link earlier..

[payxibka 10,045]

How can I apply greencard with my situation?

Leme know guyz.....

fwaguy..thanks again..sorry for not displaying the link earlier..

You are mis-reading .... In order for INA 319, INA 316 to apply you must first be a permanent resident and then get stationed abroad.... This does not appear to apply to someone who has never even seen the inside of the USA and has not been granted permanent resident status.

[akdiver 3]

Just go to the U.S. and apply to adjust status already. Being pregnant is hardly an excuse. Pregnant people travel all the time.

[richo 0]

If your husband was not able to meet you once your here in the US...how about his family in here? Maybe you can stay with them for awhile until he come back from his work? Just a suggestion. GOod luck to you

Edited September 2, 2008 by richo

[rin and john 71]

Looking at the OP's timeline, it appears she has a CR-1 visa with six months validity. So she does not have a GC, but one is waiting for her upon arrival in the USA. The two options:

1) Travel to the USA before the visa expires, receive her GC (approximately two weeks after being in the USA), then return to Korea or Philippines until moving to USA permanently in June 2009 when her husband's assignment is up. This would be the easiest solution if she could travel to the USA for a few weeks.

2) Contact the US embassy/consulate that issued the visa and request an extension. The Foreign Affairs Manual allows the consulate to re-issue in certain cases (see link below, sections 42.71 to 42.73). She may or may not receive an extension. If yes, then she would have to pay the visa fee again. If no, she would have to start from NVC, refile the I-864, and re-interview. A new I-130 is not required as they do not expire (as the I-129f does after four months).

http://www.state.gov/m/a/dir/regs/fam/c22167.htm

[rin and john 71]

Another thought....

Does a CR-1 visa holder have to remain in the USA until the GC is received (like AP)? If not, she could travel to the USA (or even Guam), go through immigration, then depart the next day. They will mail the GC to her designated address and it could be forwarded to her later for use in subsequently entering the USA.

[Reba 2]

depends if they put the I-551 stamp in her passport or not at the POE I think.

If she leaves immediately after entering, and then does not return until June 2009 when her husband gets shipped back home, they *may* not allow her back in anyhow, on the grounds that she's been out of the country more than 6 months. They could consider that she's abandoned her status.

If you do plan to go to the US and then leave shortly after, you'd probably have to apply for a re-entry permit before you leave. And I have no idea how long they take to process. You shouldn't leave before you have it.

The only way around all this of course is to just move to the US now and live with your in-laws until your husband gets back. Or see if he can get married accomodations on base and you can move in with him there. You'd be considered on US soil if you're living on base with him AFAIK.

[~bLairwhich~ 0]

Oh. I see...so it really means that I have to travel to the US first...

Thanks again fwaguy.

How can I apply greencard with my situation?

Leme know guyz.....

fwaguy..thanks again..sorry for not displaying the link earlier..

You are mis-reading .... In order for INA 319, INA 316 to apply you must first be a permanent resident and then get stationed abroad.... This does not appear to apply to someone who has never even seen the inside of the USA and has not been granted permanent resident status.