What are the "conditions" of the conditional Permanent Residency?

Brians says on Oct 4, 2007, 10:55:

She can travel when you get the Green Card. I assume you did the interview. She will need her Green Card to re-enter the US. Should have it in two weeks. Unless you have Advanced Parole she can't re-enter the US without that Green Card.

0 funny, 0 helpful.

Robert Jorge says on Oct 4, 2007, 11:06:

I didn't think there was an interview until 2 years from the issuance of the first (conditional) permanent residency card (green card). Are you talking about the biometrics when you say "interview?" Anyway, she will get her first green card within a few days - so with that she can travel? No need for Advanced Parole?

BEWARE of gold diggers.

0 funny, 0 helpful.

Gator says on Oct 4, 2007, 11:11:

Brians is Correct. You can try Social Security with just the letter but I would call first to see if the actual card is needed. Travel will be OK but don't forget, since she is using her Colombian passport, visas may be necessary-Canada and Mexico are exception with the PR Card. Just before the two years are up she will be scheduled for another interview to remove the conditional status and become a PR. One year after that she will go for citizenship through the naturalization process. Save those pesos because it is getting expensive.

RJ,

There are also time limits on extended stays out of the country. Many people wrongly believe that to keep your green card all you need to do is enter the U.S. at least once a year. The fact is that if she ever leaves the U.S. with the intention of making some other country her permanent home, she gives up her U.S. residency. The agent at point of entry will look at her behavior for signals that her real place of residence is not the United States.

As a general rule, traveling with a green card and leaving the United States for more than one year, she may have difficulty reentering the country. That is because the U.S. government feels that an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if she does return before one year, she may run into trouble. To avoid problems I would return six months.

On the other hand, remaining outside the U.S. for more than one year does not mean she will automatically lose her green card. If she intended from the start to be only temporary -- for example, you left for vacation, but had a serious injury or other really extenuating circumstances -- then she may be able to argue to keep your permanent resident status. However, she may no longer use her green card as a U.S. entry document.She must have what is known as a reentry permit from the embassy, or she can apply at a U.S. consulate for a special immigrant visa as a returning resident.

If it is a stay for a couple of months or a vacation no problem.


Congratulations, Amigo

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

0 funny, 0 helpful.

miamimike says on Oct 4, 2007, 11:14:

RJ-You are correct; after two years of Mariage(and provided it is a true marriage and both partners are living with each other on a daily basis) and the Interview, the Conditional status is removed from the Residency,,,Some South American Women who in the recent past, married Cuban men here in Miami, have been denied Permenent residency as the marriages, after investigation, have been deemed fraudulent.Immigration here locally has been looking much closer at these marriages, especially where Cubans are involved.

My Avatar-- Sarah Palin Says " "You know the difference between a pit bull and a hockey mom?? Lipstick!" Now on a Short Verbal Tether by the Honorable John McCain

0 funny, 0 helpful.

lpdiver says on Oct 4, 2007, 11:22:

RJ...she has a permanent resident card issued with conditions...namely she must be residing with you and still married to you to remove conditions...which she must do. Immigrations will not issue you any notification to apply for removal of conditions...SO DON"T FORGET!!!

MM...I know someone in just this circumstance. She is Colombian and he is Cuban. They were given a Stokes style interview and in my opinion they failed. They hired a lawyer and returned and she was issued a green card eight months after the marriage. She thinks it is unconditional...I have my doubts.

t

"cook some rice!"

0 funny, 0 helpful.

miamimike says on Oct 4, 2007, 11:50:

LP Diver-Its been in the Miami News recently concerning Cuban Marriages to South American Women. These Women look for a Cuban to marry as the Permenent Residency Clause is cut in half(only one year of marriage is need) if they marry a Cuban. If they marry some American Schlep, they need the Two years. These Women pull NO punches about what they want, in some local miami Marriage agencies and local Publications such as El Clarin, they openly state, Cuban Man Only for marriage, for Finacial Favor or "otherwise",,,To say these Women change drastically once they touch down in Miami is an Understatement,,,LOL

My Avatar-- Sarah Palin Says " "You know the difference between a pit bull and a hockey mom?? Lipstick!" Now on a Short Verbal Tether by the Honorable John McCain

0 funny, 0 helpful.

lpdiver says on Oct 4, 2007, 11:56:

Yeah. Well in this case she was here already...illegally for eight years. She works with the Cuban fellow and in may or may not be real. As the interviewer in my wifes recent AOS interview stated...don't ask/don't tell.

Every immigration case is different. I wonder if she may have been granted an unconditional green card since it was her second interview and they had been married eight or nine months?

How do you know if it is unconditional?

t

"cook some rice!"

0 funny, 0 helpful.

Brians says on Oct 4, 2007, 12:41:

RJ-You get a temprary Green Card after her interview which is about a month after Biometrics. Now sometimes they don't even ask for an interview like in the case of my friend and she just got a Approval Letter and the Green Card about two weeks later. My case there was an interview. So it seems to me you two got lucky and they don't have an interview. You can travel after she gets her Green Card in the mail. Actually my friend send his wife back for a visit without the Green Card and he stayed here as he had to work. He then FedEx the Green Card to her when it arrived and she just popped back about a week later. Little too risky for me. What Gator said is correct in that you do have to track how long she is out of the country or they will void the Green Card but unless you are planning on residing in Colombia most of the time you should be fine.

0 funny, 0 helpful.

lpdiver says on Oct 4, 2007, 12:47:

RJ...here in great detail from the visa journey website...

Introductory Note: As mentioned previously, if you have been married more than 2 years when your Adjustment application is approved (I-551 stamp in the passport), you probably will become a permanent resident with no conditional period. If so, the information in this section will not apply to you. You may want to read the step-by-step guide to filing an I-751.

7.1)...Please explain "Conditional Permanent Residency"?
A..A two year Conditional Residency is granted to those who apply for Adjustment of Status based on marriage to a US Citizen. This two year period helps to deter visa fraud and marriages of convenience. During the "conditional" period, you still have all the rights of a Permanent Resident. Your status as a permanent resident expires at the end of this two year period unless you file for lifting of the conditional status.
back

7.2)..When do I become a Permanent Resident (conditional status removed)?
A..You become a permanent resident (conditional status removed) after approval of the I-751 "Petition to Remove the Conditions on Residence".
back

7.3) ..Okay, when do I file the I-751 to lift conditional status?
A..Option #1: If your passport is stamped with the I-551 at the adjustment of status interview, the stamp has the AOS approval date written on it. Your 2 year conditional period begins with that date. Ninety (90) days prior to the end of the conditional period, you and your US Citizen spouse will apply together for a removal of the "conditional" status by filing form I-751 together as a married couple.

Option #2: As is more likley the case now, the I-551 stamps are not automatically given at the conclusion of an AOS interview now due to namechecks and files moving around. Green Cards are routinely mailed to the beneficiaries within 4 weeks (if approved) or delayed by months due to name checks pending. The accurate date of your PR is printed on the front of the GC as 'Resident Since:".
back

7.4) ..How to we file for lifting of conditions for my K2 child?
A..If your K2 achieved permanent resident status at the same time as the K1, or within 90 days afterwards, then include them on the joint petition. If the K2 achieved permanent resident status more than 90 days after the K1, or if the parents are NOT filing a joint petition (due to termination of the marriage), the K2 will file their own I-751.
back

7.5) ..Where should I send the application package?
A..You will send the application package to the USCIS (INS) Service Center in which district you are currently residing.
back

7.6) ..Why is filing 90 days before the expiration of my 2 year green card so important?
A..You file within the allowed 90 day window so that you comply with law and preserve your PR status. Filiing at the earliest moment helps you do this, and allows enough time for the Notice 797C to get to the PR. The NOA expired Green Card are their only evidence of status.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

As a legal permanent resident, you should have received a permanent resident card. This card will continue to prove that you have a right to live and work in the United States permanently. If you file your USCIS Form I-751 (Petition to Remove the Conditions on Residence) on time, the USCIS will extend your conditional resident status for up to 12 months while your Form I-751 petition is under review.
back

7.7) ..Is there another interview required to lift my conditional status?
A..All though the vast majority of jointly filed I-751s do not have an interview, you may indeed be required to attend an interview. Some files are selected for a sort of quality control check on the system, and may be transferred to the Local Office for interview. These cases may receive an RFE from the local office, and then find that the interview is cancelled. There is also a growing number of people being called for interviews (4/07) and there is a suspicion among the online community that PRs who did not have an AOS interview (via transfer to CSC or via the DORA program) may be automatically put in the interview queue for I-751.

At any rate, there should be no automatic assumption of a problem just because you get an interview letter.
back

7.8) ..What evidence should we submit?
A..The list is endless, and you can send whatever evidence you want to the USCIS (INS) in support of your petition. While overwhelming the USCIS (INS) is not neccesarily a good idea, sending them a complete and well rounded amount of evidence that gives them a full understanding of your case is a good idea.

Your list might include:

You *must* include a copy of your I-551 green card as initial evidence.
Bank statements showing both names.
Insurance policies showing the spouse as beneficiary.
Tax returns filed jointly.
Loan payment papers showing both names.
Utility bills addressed to either of you.
Copies of tickets, boarding passes showing you traveled together (if you traveled).
Birth certificates of any children born to you.
Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.
Any other sort of common, ordinary correspondence addressed to either or both of you at the same address.

You may include a cover letter (see the example forms page) listing all the evidence so that the inspecting officer can quickly see what is in the package. This will help USCIS (INS) to determine if all the evidence which they require has been included without having to wade through many pages.

USCIS (INS) may ask for additional evidence after the petition has been filed, or they may schedule an interview for you some weeks or months into the future.


back
7.8.1) ..So what does USCIS (INS) want to see in the affidavit from people we know??
A..I did the I-751 in 1997, and it was approved without an interview. I asked the USCIS (INS) the very same question. I did exactly what they told me to do for the affidavits.

- Choose 2 friends who know you well *as a married couple*
- Have EACH friend write a letter
- Letter format:
- Must include the person's name, date of birth, SSN, address, and phone.
- Must be dated.
- Must state how the person came to know you [and list each of you by name).
- When and for how long they have known you.
- Must state that they have seen you a certain amount of time ['frequently' works] since you have been married and that you appear to be a married couple.
- Must be signed, but does not have to be notarized.


The above poster then described the format used for her letters:

David Smith
Address
City, State zip
(telephone number)

Date


To whom It may concern:


I am writing this letter to support the I-751 petition by Jane and
John Doe. I have known Jane and John since (date), when we met while
John and I were co-workers. I served as best man at their wedding.
Since their marriage, I have seen Jane and John together as a couple
many times and in a variety of situations, both at my house and
theirs, as well as in public. They appear to be a legitimately
married couple.

The most recent time that I saw them as a couple was at Jane's
surprise birthday party hosted by John.

If you have any questions, I may be reached at the phone number or the
address above.


sincerely,


David Smith
(social security number)
(date of birth)


* See the example forms page for additional example letters.

back

7.8.2) ..Does the USCIS (INS) do any background checks for conditional residents such as FBI and CIA checks?
A..There is no new check but you do have to answer questions about your criminal history since becoming a permanent resident (and obviously, if you lie, this is grounds for deportation either now or at a later date). If you later apply for naturalization there will be a further FBI check.
back

7.9) ..How will I be notified by USCIS (INS)? What is my status before I get a new green card?
A..When the USCIS (INS) accepts your petition, they will send a filing receipt. Nigel reported (Feb 2000) this receipt was an I-797C Notice of Action which stated "Your alien card is extended one year - employment and travel authorized." Keep the receipt with your green card.
If a K2 is also listed on the petition, they will receive their own "duplicate notice" (which is a letter, not an actual I-797C) from USCIS (INS) which will state they have been included on the petition as a dependent, and that they also have work and travel authorization, and that the letter serves as proof.

Many people are concerned about their current proof of status during the application period. If you have an expired Green Card, plus a NOA I-797c, you have evidence of status. If you have not yet recieved your NOA and have immediate travel plans or another urgent need for evidence of status, you may make an Infopass appointment and ask for an I-551 stamp in your passport. Most offices will not give this stamp out without a compelling reason; save yourself a trip if you 'only' want a stamp for your peace of mind.

When the petition is approved, you will get a letter from USCIS (INS) notifying you of the decision. Your new permanent status will be coded depending on your original status. CR-1 becomes IR-1, CF-1 becomes IF-1 etc. If there is a K2 involved, they will get a separate letter from USCIS (INS) notifying them of their status, which will be a IF2, or "Immigrant Fiance(e) 2".

Nigel reported the text of this letter in a newsgroup posting (March 2000) as follows:

(...begin quote...)

File Number:
Date of Decision: 03/08/2000


New Classification
Symbol: IF1


Admission Date: 01/29/1988


Your request for the removal of the conditional basis of your permanent
resident status has been approved. You are deemed to be a lawful permanent
resident of the United States as of the date of your original admission or
adjustment of status.

You must obtain a new alien registration receipt card (Form I-551). To do
so, appear in person at the Service office show below. Bring two recent
photos of the same type as on your present alien card (if needed, exact
specifications may be obtained from the Service office shown below). Your
new alien registration receipt card will be mailed to you within six months.


You should not travel outside the United States before receiving your new
card unless you have first received a passport endorsement from this Service
indicating that your new card is being processed.


(...end quote...)



maybe that answers in detail your question,

t

"cook some rice!"

0 funny, 0 helpful.

Robert Jorge says on Oct 4, 2007, 21:53:

Great information everybody. Thanks a bunch. Plus, I am sure this information will be invaluable to others that Google the topic. A lot of the information I already knew, but it is sure nice to get a second and third confirmation from others.

BEWARE of gold diggers.

0 funny, 0 helpful.

chester says on Oct 5, 2007, 10:43:

if recently married, you have to stay married for two years. then she can get the 10 year green card. after she adjusts or removes the conditions of her status. more interviews.

she can get around this if she likes, by claiming physical and mental abuse.

check out visajourney.com

0 funny, 0 helpful.

Robert Jorge says on Oct 5, 2007, 20:42:

Cool Chester. Thanks. I was pretty sure about the 2 year conditional, then interview for the 10 year renewable unconditional green card. Fortunately, no worries about the potential for physical or mental abuse. I don't play that crap: and if she hits me, she's out of here! jaja But seriously, my biggest question was the: "Will she be able to travel to Colombia?" I am so relieved that she (we) will be able to. Everything else at this point, in our situation, doesn't matter that much. Cool she can work, cool she can finally get a learner's permit to drive, cool she can get a social security number ... but the biggy is being able to visit Villavicencio without the worry of not being able to re-enter the US.

BEWARE of gold diggers.

0 funny, 0 helpful.