Kocourkov

Been married to my wife for about a year now, both resident in Europe. (I'm the USC.) We can get her green card now through DCF, and then wait a year to do the Adjustment of Status, which would most likely be in New York, or we can wait a year and keep living in Europe and then just apply for the card DCF here.

If some of the more knowledgeable members on this board had some advice on the above scenario, I'd be grateful. (No problems with paperwork, proving marriage, affidavits of support, etc.)

andrea874

Adjustment of status = green card. If she does the DCF, she doesnt need to AOS

Kocourkov

Maybe I have the terminology wrong. What I meant was the adjustment from the temporary green card that one gets before the two years of marriage are up to the permanent one. (I dunno, lifting of restrictions? Is that right?) I was assuming that there's a delay in the processing of this paperwork, specially around big cities like LA and New York.

Or to I have it completely wrong, and that a DCF spousal green card comes with no restrictions at all?

LucyMO

if she does get her GC before you have been married for two years, her GC will be conditional, whether done through DCF or AOS. After having it for 1 year and 9 months you BOTH will have to apply for the removal of conditions. Form I-751.

hcj1440

If the objective is to "skip" the two-year, conditional green card and go straight to a ten-year green card with no conditions, and you have the option of staying in Europe until you have been married for two years, then the fastest route would be to delay DCF until after your second wedding anniversary.

If you want to move back to the US now, then DCF now and file to remove the conditions 2 years from when her green card is granted.

I don't see any problem or tremendous additional hassle with either scenario, so IMO you should make your choice based on when you want to go back to the US. Worth noting is that:
1) two years of marriage does not guarantee a ten-year green card -- at least it doesn't state-side
2) on the immigration paperwork scale, filing to remove conditions is a minor hassle and a small fee -- in many cases, the couple is not even interviewed again

The above factors are why, IMO, you should make your decision based on when you want to move back. I don't see one scenario as having tremendous advantages over the other.

lairdside

If they go the DCF route the spouse adjusts status at POE (Port of entry). Not when the IV is issued. Therefore it is when the alien spouse enters the US and "activates" the status which counts, not (excluding the issues surrounding filing too early and allowing the immigrant visa to expire, although it can be revalidated to extend the period during which it may be used) the application is filed or the visa issued.

I recently applied to remove conditions on my status, it was done in under 3 months with no interview. People are joking that it's because I am a federal employee....lol

meauxna

No doubt! Congrats on your speedy I-751, you! The DAH filed this past fall.. no word yet.

Jonathan McNeil Wong

lairdside wrote:
    >>If the objective is to "skip" the two-year, conditional green card and
    >>go straight to a ten-year green card with no conditions, and you have
    >>the option of staying in Europe until you have been married for two
    >>years, then the fastest route would be to delay DCF until after your
    >>second wedding anniversary.
    >>If you want to move back to the US now, then DCF now and file to
    >>remove the conditions 2 years from when her green card is granted.
    >>I don't see any problem or tremendous additional hassle with either
    >>scenario, so IMO you should make your choice based on when you want to
    >>go back to the US. Worth noting is that:
    >>1) two years of marriage does not guarantee a ten-year green card --
    >> at least it doesn't state-side
    >>2) on the immigration paperwork scale, filing to remove conditions is
    >> a minor hassle and a small fee -- in many cases, the couple is not
    >> even interviewed again
    >>The above factors are why, IMO, you should make your decision based on
    >>when you want to move back. I don't see one scenario as having
    >>tremendous advantages over the other.
    >
    >
    > If they go the DCF route the spouse adjusts status at POE (Port of
    > entry). Not when the IV is issued. Therefore it is when the alien spouse
    > enters the US and "activates" the status which counts, not (excluding
    > the issues surrounding filing too early and allowing the immigrant visa
    > to expire, although it can be revalidated to extend the period during
    > which it may be used) the application is filed or the visa issued.
    >
    > I recently applied to remove conditions on my status, it was done in
    > under 3 months with no interview. People are joking that it's because I
    > am a federal employee....lol
    >
Technically, the arriving immigrant does not "adjust" status but is
rather admitted in permanent or conditional permanent resident status.
Quite right that issuance of the immigrant visa does not confer any type
of status in and of itself, and if the immigrant visa is not used to
apply for admission, it will expire after six months.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

lairdside

Yup. I was just trying to explain in simple terms what occurs, in a way most could relate to, even if it meant not being quite techincally correct as long as misleading overall impression was not given. If you know what I mean

There just seemed to be advice implying in the thread indicating that it was the time of filing, or the time of IV issuance, which was the date which was taken into consideration for the plus/minus two year LPR/CPR issue when it is not. It's the date the PR status becomes effective, which is the date you are admitted at POE as far as I am aware.

I didn't want the OP to be mislead.

Jonathan McNeil Wong

lairdside wrote:
    >>lairdside wrote:
    >>>>If the objective is to "skip" the two-year, conditional green card
    >>>>and
    >>>>go straight to a ten-year green card with no conditions, and you
    >>>>have
    >>>>the option of staying in Europe until you have been married for two
    >>>>years, then the fastest route would be to delay DCF until after your
    >>>>second wedding anniversary.
    >>>>If you want to move back to the US now, then DCF now and file to
    >>>>remove the conditions 2 years from when her green card is granted.
    >>>>I don't see any problem or tremendous additional hassle with either
    >>>>scenario, so IMO you should make your choice based on when you want
    >>>>to
    >>>>go back to the US. Worth noting is that:
    >>>>1) two years of marriage does not guarantee a ten-year green card --
    >>>> at least it doesn't state-side
    >>>>2) on the immigration paperwork scale, filing to remove conditions
    >>>> is
    >>>> a minor hassle and a small fee -- in many cases, the couple is
    >>>> not
    >>>> even interviewed again
    >>>> The above factors are why, IMO, you should make your decision
    >>>> based on
    >>>> when you want to move back. I don't see one scenario as having
    >>>> tremendous advantages over the other.
    >>>If they go the DCF route the spouse adjusts status at POE (Port of
    >>>entry). Not when the IV is issued. Therefore it is when the alien
    >>>spouse
    >>>enters the US and "activates" the status which counts, not
    >>>(excluding
    >>>the issues surrounding filing too early and allowing the immigrant
    >>>visa
    >>>to expire, although it can be revalidated to extend the period
    >>>during
    >>>which it may be used) the application is filed or the visa issued.
    >>>I recently applied to remove conditions on my status, it was done in
    >>>under 3 months with no interview. People are joking that it's
    >>>because I
    >>>am a federal employee....lol
    >>Technically, the arriving immigrant does not "adjust" status but is
    >>rather admitted in permanent or conditional permanent resident status.
    >>Quite right that issuance of the immigrant visa does not confer any
    >>type
    >>of status in and of itself, and if the immigrant visa is not used to
    >>apply for admission, it will expire after six months.
    >>--
    >>Above intended as general commentary, not specific legal
    >>advice. Your mileage may vary.
    >>================================================ ===============
    >>Jonathan McNeil Wong Voice: 510-451-0544
    >>Donahue Gallagher Woods LLP Facsimile: 510-832-1486
    >>P.O. Box 12979 URL: http://www.donahue.com
    >> Oakland, CA 94604-2979 E-mail: [email protected]
    >>================================================ ===============
    >
    >
    > Yup. I was just trying to explain in simple terms what occurs, in a way
    > most could relate to, even if it meant not being quite techincally
    > correct as long as misleading overall impression was not given. If you
    > know what I mean :D
    >
    > There just seemed to be advice implying in the thread indicating that it
    > was the time of filing, or the time of IV issuance, which was the date
    > which was taken into consideration for the plus/minus two year LPR/CPR
    > issue when it is not. It's the date the PR status becomes effective,
    > which is the date you are admitted at POE as far as I am aware.
    >
    > I didn't want the OP to be mislead.
    >

The gist of the advice itself was quite right.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============