KirkhamJ

Hi everyone,

I'm a Brit who has recently married a US citizen (over here in the UK) and am currently mid-way through my application for a green card. My initial green card will (if I get one!) be subject to 'conditional residence' as we haven't yet been married for two years. It will therefore initially only be valid for two years.

My question is, how soon after been issued a green card are you expected to move to and live in the US? Could I move to the US just before the two years run out, or would I be expected to move much earlier than that?

I'm hoping that you're given sufficient time to make arrangements to move (which may be up to two years in my case) before the initial visa runs out!

Any help would be much appreciated. Thanks!

James

fatbrit

You're a little confused. The Consulate issues you with an immigrant visa (hopefully you didn't apply for a K3!). You get permanent residency status ("green card") when you land in the US for the first time with your immigrant visa.

You have six months from being issued the immigrant visa to use it. If you don't use it in that time to activate your status, you'll have to start again from the beginning should you wish to come and live here.

snowbunny

As fatbrit said, you have six months to enter on a CR-1 visa and at that point, you will trigger the process that leads to an actual "green card" (I-551 card).

USCIS assumes that you are eager to get here to begin your new life (remember, there are literally millions who'd love to take your place!) and that once here, you more-or-less will stay here. If you leave for any length of time (undefined) they could consider you as having abandoned your permanent residency status.

The only way to truly have the freedom to live in the US *and* to live elsewhere is to have citizenship, which you would be eligible for three years after you land in the US with your CR-1 (assuming your I-751 is allowed and you are still married to the same US citizen).

fatbrit

[ -- please tell me I don't write like him!]


Seem to remember Folinsky saying you had up to a year to reply every time the Consulate asked you for something. Perhaps OP could slow the process down enough to work for his timescale? Sort of depends where they are in it.

snowbunny

apologies, correction made.... I'm extremely tired and need a long holiday which I ain't going to get.

Yes, OP might be able to get away with that, but would you really want to slow the process down and risk fee hikes, application delays, and acts of Congress like the Adam Walsh act, not to mention the fact that every delay will mean having your file pulled and sent who knows where?

If he really really has to delay his immigration for two years, then withdrawing his application and refiling when he's ready to move would be best, especially if he has a good job there cos now is not a great time to hit the US job market for the first time.

meauxna

No, you apply for a visa when you are ready to relocate to the US.

When is it that you two want to relocate to the States?

Noorah101

Hi James,

Others have answered your questions, but doesn't hurt to hear one more. You are confused between "Immigrant Visa" and "Green Card". After your interview in London, you'll receive an Immigrant Visa (assuming the USC only filed an I-130, and not the I-129F towards a K-3 visa).

You have 6 months to use the Immigrant Visa to come to the USA. Once you land in the USA using that Immigrant Visa, you become a US Permanent Resident immediately, and you get your green card at the POE (well, you get a version of it...the plastic card comes in the mail a few weeks later).

If you aren't planning on moving to the USA for 2 more years, you've sort of started the process too early. That said, you can always space out your responses to the US Embassy so that your Immigrant Visa process slows down. Or, you can go ahead and get your Immigrant Visa in hand, come to the USA to activate your PR status, then return to the UK to tie up any loose ends...but be aware if that's the case, don't stay outside the USA for TOO long at a time.

Hope that helps clear up your questions..
Rene

ian-mstm

You could do a lot worse y'know!

Ian

fatbrit

Around a year before would be my best guesstimate.

ian-mstm

I agree!

Ian

meauxna

Pedants.. don't think you can gang up on me, grrr.

I used to have a lawyer named Kirkham.. don't see that name very often.


(Plus, if the USC wife is living in the UK, it should be "6 months before you want to relocate")

fatbrit

Kirkham is a common English name. Town here.

On the year, I reckoned more like 9 months for IV (but could be wrong!), then added half the six months to use the visa to get the figure of "around a year". I think 6 months might be pushing it to the edge -- IMVHO.

meauxna

Well that was a humoUrless reply.

fatbrit

I thought we were all for politeness and accuracy down here?

snowbunny

That's Ian's job. See, you are sounding like him.