2 Year visa - 10 Year visa ?????

[m-coon]

Hi Again,

 

I am asking another question today because someone mentioned something in my previous question that is no way related to that question and I really want an answer to this also... now that he brought it up!

 

This person mentioned that his wife had obtained a 2 year visa and that she would eventually get a 10 year visa.....

 

I guess that I must be really stupid (not knowledgeable at all) concerning the actual visa that my wife hopefully will soon obtain. Is there different visas (green cards) that are issued for different reasons? I thought they were all the same - in fact I thought that my wife will obtain a visa (green card) with NO EXPIRATION AT ALL???

 

I thought that after the interview, that if she is passed - she recieves a visa (a green card) that keeps her perminantly in the US? Someone please enlighten me - I obviously do not understand the process as well as I thought I did!!!

 

Does this mean that we will constantly be battling the government to keep her in the USA?

 

In my first question - I asked about what happens if I should die before she comes to the US - Now I am concerned and want to know : what happens to her once she is in the USA and I then die??? If I die - does she have to return to China? How many years does she have to live in the USA before all of this is over and she can be considered a perminant resident or citizen?

 

I sure hope somebody can help enlighten and educate me!!!

 

Thanks As Always,

Scott (m-coon)

And Dan - my lovely wife still in Liuzhou, China

[Trigg]

First, a visa and a greencard are completely differrent things. the visa gives her the right to enter the US (actually it gives her the right to ask the immigration officer at the POE if she can enter the US). The 'Green card' is realy the permanent resident alien card. this gives her work pirveldges and allows her to stay in the US as well as travel in and out of the US.

 

If you are bringing her here on a K1 visa (fiance') you will need to marry within 90 days then you will need to apply for AOS (Adjustment of staus) when granted this will give her two year visa. 90 days before tewo years are up you then apply for a10 year visa then apply every ten years after that.

 

If you bring her over on a K3 there are some differences but I believe you still must apply for AOS and the subsequent green cards that go with all this.

[david_dawei]

Adjustment of Status for K1 and K3:

http://www.visajourney.com/faq/k1faq.htm

 

 

K3:

The K-3 spouse files for adjustment of status after entering the US, however has 2 years in which to do so. (The visa is a 2-year multiple re-entry visa.)

 

If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident.

 

CR1:

This is an "immigrant" Visa and will as such allow the applicant to arrive in the US as a permanent resident.

 

 

 

 

How Do I Remove the Conditions on Permanent Residence Based on Marriage?

 

http://uscis.gov/graphics/howdoi/remcond.htm

 

 

here's an interesting internet quote.. answers Trigg's SO comment about "why greencard no green?":

 

There is no "10-year Greencard", at least not in the way you seem to think.

What there is is the status as Permanent Resident. The actual Greencard (it

is not green anymore, but the name stuck) is proof of that status. The card

is valid for 10 years, and then a person has to get a new one, but the

status as Permanent Resident does not expire after 10 years.

 

 

FAQ on greencards:

http://www.foreignborn.com/visas_imm/immig...green_cards.htm

 

http://www.foreignborn.com/visas_imm/immig...green_cards.htm

 

http://www.foreignborn.com/visas_imm/immig...w_greencard.htm

[Trigg]

Got it i think. The two year green card (that clearly says 'permanent resident alien' on the top of the card0 expires in two years and resident alien staus also expires if not renewed but when the 10 year green card expires only the card expires but not the status of resident alien--Ya, that makes sense to me but why then does the two year card say 'PERMANENT resident alien'???

[david_dawei]

Got it i think.  The two year green card (that clearly says 'permanent resident alien' on the top of the card0 expires in two years and resident alien staus also expires if not renewed but when the 10 year green card expires only the card expires but not the status of resident alien--Ya, that makes sense to me but why then does the two year card say 'PERMANENT resident alien'???

 

http://uscis.gov/graphics/howdoi/remcond.htm

 

A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

[Trigg]

Got it i think.  The two year green card (that clearly says 'permanent resident alien' on the top of the card0 expires in two years and resident alien staus also expires if not renewed but when the 10 year green card expires only the card expires but not the status of resident alien--Ya, that makes sense to me but why then does the two year card say 'PERMANENT resident alien'???

 

http://uscis.gov/graphics/howdoi/remcond.htm

 

A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

Thats what I said-I think???

[david_dawei]

Got it i think.  The two year green card (that clearly says 'permanent resident alien' on the top of the card0 expires in two years and resident alien staus also expires if not renewed but when the 10 year green card expires only the card expires but not the status of resident alien--Ya, that makes sense to me but why then does the two year card say 'PERMANENT resident alien'???

 

http://uscis.gov/graphics/howdoi/remcond.htm

 

A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

Thats what I said-I think???

I simply gave the government [legal] answer...

[tywy_99]

WoW! A ten-year multiple entry visa.........That'll be the ticket!..........

[king]

Trigg

You might want to correct your 01:14pm post. The reference to 2 and 10 year VISAS should be IMO to 2 and 10 year GREEN CARDS.

[Trigg]

Trigg

You might want to correct your 01:14pm post. The reference to 2 and 10 year VISAS should be IMO to 2 and 10 year GREEN CARDS.

Yea, i meant green card not visa!!

[Mengxin]

The 10 year green card is the reason squeaky is IR-1 now. Ling needs to travel back to GZ for it.

2 yr CR-1 or 10 yr IR-1.

 

From my handy 561 pg immigration handbook...

 

Removing Conditional Residence in Marriage Cases

Green cards based on recent marriage to a U.S. citizen (within the last two years) are issued only conditionally, meaning they will expire after two years. This is true of cards issued both to spouses and stepchildren of U.S. citizens.

After holding your conditional green card for two years, if you are still married, you and your U.S. spouse must file a joint petition (Form I-751) to remove the condition. The condition should be removed not only from your green card but from those of any children who came with you. If you are divorced, or your spouse has died or refuses to join in the petition, you must file for a waiver of the requirement.

 

from visapro.com...

 

What is Adjustment of Status?

 

Adjustment of Status is a procedure allowing certain foreign nationals already in the U.S. to apply for immigrant status. Foreign nationals admitted to the U.S. in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available.

 

Note: In such cases, the foreign national is counted as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time.

 

What is Removal of Conditions on Permanent Residence based on Marriage?

 

A lawful permanent resident is given the privilege of living and working in the U.S. permanently. Your permanent resident status will be conditional if it is based on a marriage that is less than two years old on the day you are given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the U.S. on an immigrant visa or receive Adjustment of Status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the U.S. You may apply to remove your conditions on permanent residence.

 

What is a Permanent Resident Card?

 

A Permanent Resident Card, commonly known as a Green Card, is evidence of your status as a lawful permanent resident with a right to live and work permanently in the U.S. It also is evidence of your registration in accordance with U.S. immigration laws. The Permanent Resident Card is also called Form I-551.

 

Know the difference between 'Visa' and 'Status'

 

It has become vitally important for all foreign nationals coming to the U.S. to maintain their status at all times. In order to maintain legal status while in the U.S., you must understand the difference between the two legal terms E‘VisaEand ‘StatusE People are often confused between Visa and Status because of the erroneous usage of the two terms in conjunction with each other. However, there is a clear distinction between the two terms under the immigration laws.

 

A Visa is a stamp placed in the passport by a U.S. Consulate outside the U.S. All visas serve merely as entry documents. Status on the other hand, is the group of privileges given to a foreign national while receiving immigration benefits at the port of entry. When a foreign national is legally admitted to the U.S., he acquires a Status.

[Guest blsqueaky]

Thanks Doug, I was just getting ready to post that, and this is why Ling and I decided on the IR-1, plus, it is a trip back home again to see the family. The only condidtion regarding the CR-1 and the IR-1, that is where you live, how long for the AOS regarding the K-3, and also has someone told me the other day, not just where you live and who you have to deal with, but also the region that you live, case in point, I am Ohio, so I have to deal with NE again regarding AOS, then they have to decide, deal with Cleveland, Cincinatti, or get it done in Columbus, they were not sure, so when I-130 was approved, on to the IR-1

[skibum]

I don't think anyone answered your question about what happens if you die after she gets here. The best answer is on the govt wesite. I checked it before I went in the hospital for my lengthy stay and was relieved that she could get the 2nd green card even after my death. But.....I plan on going with her to immigration in Nov and getting the conditions removed. After that, dieing is no problem at all.