Do I have this right?

[brutrigem]

Let's say my marriage with my S/O is less than 2 years. We go through DCF successfully, the outcome is a CR-1 (Conditional Resident) IMMIGRANT VISA. We stay married for 2 years. 3 months before our 2 yr anniversary, we apply for the removal of conditions on permanent residence, or namely, Adjustment of Status by filling out these forms:

1) I-485

2) I-751 (ok seriously what the heck is this?! How is this different from I-485?)

3) I-693

4) I-797 (since the original I-130 petition was approved during DCF)

Is that all?

 

Basically, outcome of DCF=> CR-1, 2-yr-greencard, then 2 years later => AOS => legal permanent resident and 10-yr-greencard, yes?

 

A Conditional Permanent Resident could still work, travel, and get SSN#, right?

 

Lastly, what is this K nonimmigrant visa? I saw it here: http://uscis.gov/graphics/publicaffairs/ne.../life081401.htm

 

Anyone has a clue? Is this totally unrelated to DCF? Something I don't have to bother my head about?

 

XIE XIE LA! (thank you in Chinese )

[frank1538]

You're close to the mark.

 

Sounds like in your case, DCF will produce a CR-1 immigrant visa. This means that your wife would enter the US as a legal permanent resident.

 

As such, there is no need to adjust her status (I-485) and provide the other stuff, but as you say, you'll need to remove the conditional resident conditions by filing the I-751. Also, CR-1 will have had a full medical exam and vaccinations prior to entry into the US, so you won't need the I-693.

 

The K visa (K-3 in your case) is a non immigrant visa that can be issued to the spouse to allow entry into the US while the I-130 (CR/IR-1) petition is being processed. If you are going to go DCF, filing for a K-3 would probably be a waste of time and money.

[brutrigem]

You're close to the mark.

 

Sounds like in your case, DCF will produce a CR-1 immigrant visa.  This means that your wife would enter the US as a legal permanent resident.

 

As such, there is no need to adjust her status (I-485) and provide the other stuff, but as you say, you'll need to remove the conditional resident conditions by filing the I-751.  Also, CR-1 will have had a full medical exam and vaccinations prior to entry into the US, so you won't need the I-693.

 

The K visa (K-3 in your case) is a non immigrant visa that can be issued to the spouse to allow entry into the US while the I-130 (CR/IR-1) petition is being processed.  If you are going to go DCF, filing for a K-3 would probably be a waste of time and money.

198525[/snapback]

Thanks for replying Frank... awww geez, I got another question, now is a single certificate the same thing as a certificate of marriageability? Do we need to get this done before we get our marriage certificate? Is this required for the DCF/CR-1 process? If so, could I get this certificate elsewhere besides at a US consulate, without of course having to go back to US?

[Guest pushbrk]

You're close to the mark.

 

Sounds like in your case, DCF will produce a CR-1 immigrant visa.  This means that your wife would enter the US as a legal permanent resident.

 

As such, there is no need to adjust her status (I-485) and provide the other stuff, but as you say, you'll need to remove the conditional resident conditions by filing the I-751.  Also, CR-1 will have had a full medical exam and vaccinations prior to entry into the US, so you won't need the I-693.

 

The K visa (K-3 in your case) is a non immigrant visa that can be issued to the spouse to allow entry into the US while the I-130 (CR/IR-1) petition is being processed.  If you are going to go DCF, filing for a K-3 would probably be a waste of time and money.

198525[/snapback]

Thanks for replying Frank... awww geez, I got another question, now is a single certificate the same thing as a certificate of marriageability? Do we need to get this done before we get our marriage certificate? Is this required for the DCF/CR-1 process? If so, could I get this certificate elsewhere besides at a US consulate, without of course having to go back to US?

198544[/snapback]

The two certificates serve the same purpose. If it is more efficient and/or cost effective (I doubt it will be) to obtain the Single Status document through and agent, http://www.visarite.com then yes it is an option. You would have to fax some documentation both ways and then wait for the original certificate to come by courier. Going to the US Consulate will probably be a better option for you.

 

You don't need the certificate to do the DCF. You need it to get married in China.

 

If going the Consulate route, I advise you to contact the Consulate in advance for the exact procedure and what you'll need to bring with you. We were recently told Beijing required the SO to accompany the USC. Guangzhou only asks for her ID card.

Edited March 14, 2006 by pushbrk (see edit history)