• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

CONDITIONAL Permanent Resident

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tnswissy

Junior Member
What is the name of your state? TN

I'm getting married to an American. I am Swiss. We are getting married in Switzerland and my future-husband will apply I-130 here in Switz at the US Embassy in Bern (DCF). I found out that if we're married less than 2 years by the time I immigrate to the States (which will be the case - we are going there as soon as I have the visa) I will "only" be a conditional permanent resident and will have to apply some 2 years later to get that conditional status removed... My question: Will it be no problem for me to work in the US being a conditional PR? Or do I need to apply for some kinda working permit once I'm in the US? And if yes, how long will that take??!

Thanks for your help!

Jacqueline
 


evcalyptos

Senior Member
tnswissy said:
What is the name of your state? TN

I'm getting married to an American. I am Swiss. We are getting married in Switzerland and my future-husband will apply I-130 here in Switz at the US Embassy in Bern (DCF). I found out that if we're married less than 2 years by the time I immigrate to the States (which will be the case - we are going there as soon as I have the visa) I will "only" be a conditional permanent resident and will have to apply some 2 years later to get that conditional status removed... My question: Will it be no problem for me to work in the US being a conditional PR? Or do I need to apply for some kinda working permit once I'm in the US? And if yes, how long will that take??!

Thanks for your help!

Jacqueline
You will not be "only" a Conditional PR. You will be a Lawful Permanent Resident with conditions. You will be entitled to the same rights and responsibilities as any PR and there is no additional work or travel permission required because of your conditions. The only difference is that you must file I-751 2 years after your entry to the US.
Please read the following pages so that you understand your new status and responsibilities:
Now That You Are A Permanent Resident
http://uscis.gov/graphics/howdoi/PermRes.htm

How Do I Remove the Conditions on Permanent Residence Based on Marriage?
http://uscis.gov/graphics/howdoi/remcond.htm

Good luck with your DCF case, and please post your experience to www.kamya.com/interview when you're done.. it's got a great collection of DCF cases housed there.
 

zamigail

Junior Member
Conditional Permanent Resident

I had my green card and was living in the US when I married my husband in 1977. He is a US citizen. I went back to Canada to care for my elderly mother and since I was out of the country for more than a year, my green card was no longer valid. My husband returned to the U.S. in February 2002 and had to file an I-130 for me.
I got a K-3 in August of 2003. My I-130 was not approved until February 2005 and I am still waiting to adjust my status to that of a legal permanent resident. The incorrect and conflicting information I received from INS resulted in my hiring an immigration lawyer. So far this process has cost me around $6000 what with filing fees, travel etc.
I was able to get a work permit 6 months after arriving back in the U.S on my K-3. That was $165 and another $165 to renew it because the process is so slow.

Based on my experience, you cannot enter the US with your husband just because he has filed an I-130.
 
Last edited:

evcalyptos

Senior Member
zamigail said:
I had my green card and was living in the US when I married my husband in 1977. He is a US citizen. I went back to Canada to care for my elderly mother and since I was out of the country for more than a year, my green card was no longer valid. My husband returned to the U.S. in February 2002 and had to file an I-130 for me.
I got a K-3 in August of 2003. My I-130 was not approved until February 2005 and I am still waiting to adjust my status to that of a legal permanent resident. The incorrect and conflicting information I received from INS resulted in my hiring an immigration lawyer. So far this process has cost me around $6000 what with filing fees, travel etc.
I was able to get a work permit 6 months after arriving back in the U.S on my K-3. That was $165 and another $165 to renew it because the process is so slow.

Based on my experience, you cannot enter the US with your husband just because he has filed an I-130.
I appreciate that you had a crappy experience. The OP here is doing something that was never available to you, as a Canadian.

What she is doing is legit, and she will go for an Immigrant Visa interview before she enters the US.

You might consider naturalizing to USC this time around. You can be a dual US/Canada citizen, and then you won't have to worry about how long you can leave the US for.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top