Confused and a little worried

[bamaguy_77]

Hi, I'm new to the forums and I have a question.

 

My wife is here in the USA on a CR-1 visa. She's been here a while and we just made our 2 year anniversery. I was told to wait til the 2 year anniversery so I wouldn't have to worry about the conditional status thing. This is what a visapro lawyer told me. He said it'd only take a few months to get the greencard.

 

Sorry about my terminology, I did my own paperwork, and everything went fine, as fine as a 2 year wait can go.

 

She's been here since April 23, 2007. We just filed her AoS stuff last week, March 18, 2008. That's when I found out it takes the entire 2 years they give you on the cr-1 visa to process the green card.

 

Am I in deep doo doo?

 

I read you can get an extension if no decision has been made for the GC. While this may be true, am I likely to be screweed? Or any more likely than if I'd filed it the day she came? Once she was here I was so relieved, I'm a little naive and didn't know I was only 50% of the way done.

 

Been up since I found out about the long processing time worried sick. Had constant heartburn, can't seem to think about anything other than what a mess I made of things.

[Dennis143]

Relax and stop blaming yourself. You are together and that's what counts. They can't take that away. As far as answering your question, someone way more expert than I will respond soon. Welcome to the Candle and Zantec75 works best.

[Randy W]

Hi, I'm new to the forums and I have a question.

 

My wife is here in the USA on a CR-1 visa. She's been here a while and we just made our 2 year anniversery. I was told to wait til the 2 year anniversery so I wouldn't have to worry about the conditional status thing. This is what a visapro lawyer told me. He said it'd only take a few months to get the greencard.

 

Sorry about my terminology, I did my own paperwork, and everything went fine, as fine as a 2 year wait can go.

 

She's been here since April 23, 2007. We just filed her AoS stuff last week, March 18, 2008. That's when I found out it takes the entire 2 years they give you on the cr-1 visa to process the green card.

 

Am I in deep doo doo?

 

I read you can get an extension if no decision has been made for the GC. While this may be true, am I likely to be screweed? Or any more likely than if I'd filed it the day she came? Once she was here I was so relieved, I'm a little naive and didn't know I was only 50% of the way done.

 

Been up since I found out about the long processing time worried sick. Had constant heartburn, can't seem to think about anything other than what a mess I made of things.

 

 

To get the 10 year card, she would have waited until the second anniversary to enter the country.

 

She should have received a green card shortly after arriving. Within 90 days of the expiration of THAT card (you have a 90 day window ONLY), she must apply to remove conditions. That might be between Jan 23 and April 23, 2009. They will reject anything sent outside of that time range.

 

The processing time can be nerve-wracking, but ultimately makes no difference.

[bamaguy_77]

I think I worded it bad. My english isn't that good.

 

We were married for 2 years before she came on the CR-1.

 

I thought I had to wait for the CR-1 to expire, and after that 2 year I file for AoS.

 

Sorry I am reading article here on internet and type some of what i am reading when posting.

 

I was getting a friend on yahoo to translate and let me copy. I will type for myself this time.

 

 

We were married 2004. She came in 2007 April. We filed AoS in March 2008. Did I wait to long?

[Randy W]

I think I worded it bad. My english isn't that good.

 

We were married for 2 years before she came on the CR-1.

 

I thought I had to wait for the CR-1 to expire, and after that 2 year I file for AoS.

 

Sorry I am reading article here on internet and type some of what i am reading when posting.

 

I was getting a friend on yahoo to translate and let me copy. I will type for myself this time.

 

 

We were married 2004. She came in 2007 April. We filed AoS in March 2008. Did I wait to long?

 

 

No - you did good. She should already have a 10 year green card - adjusting status or removing conditions should not be necessary.

 

For the CR-1 visa, she is awarded a green card when she arrives in the US. Since this occurred after your second anniversary, she should have gotten the 10 year card.

 

An InfoPass appointment at your local USCIS office may be necessary. You can order a replacement card if needed.

 

What you need to do is figure out what happened to the 10 year card.

[bamaguy_77]

We just have a big envelope that had a lot of forms in it. We did not get a greencard. Maybe I am wrong, and it was K-3 visa? I did both of them. It has been so long I have to ask her.

 

 

She said K-3 is what she got, not CR-1. I remember now after she told me. She found a copy of old letter. Sorry sorry, I haven't slept in a week.

 

She is on K-3, and we are married more than 2 year.

 

Should I still have greencard for her now?

 

I am sure this is right this time. You may kick me in the rear for changing what I said so much. She is chinese, but I am from mexico. I came here differently.

 

 

*she said you may kick me in the rear for messing up so much, her english is very good and she is a little mad at me, maybe i will sleep on the floor* i have to use a translator program and some words don't match very well. she showed me how to edit*

Edited March 24, 2008 by bamaguy_77 (see edit history)

[Randy W]

We just have a big envelope that had a lot of forms in it. We did not get a greencard. Maybe I am wrong, and it was K-3 visa? I did both of them. It has been so long I have to ask her.

 

 

She said K-3 is what she got, not CR-1. I remember now after she told me. She found a copy of old letter. Sorry sorry, I haven't slept in a week.

 

She is on K-3, and we are married more than 2 year.

 

Should I still have greencard for her now?

 

I am sure this is right this time. You may kick me in the rear for changing what I said so much. She is chinese, but I am from mexico. I came here differently.

 

 

OK - yes you do need to apply for AOS BEFORE the K-3 expires in April, 2009. Just get it in the mail before that date. Do not worry about the processing time. Her status will be applying to Adjust Status, and she will get the 10 year card.

[bamaguy_77]

Thank you for the being patient with me.

 

The wait will not affect us in a negative way then as long as we apply before 2009 April?

 

Thank you very much.

 

I will let her type from now on.

[warpedbored]

If you have been married for two years by the time you have your AOS interview she will get a 10 year green card if she came in on a K-3 visa. If she came in on a CR-1 visa there is no adjustment of status necessary. The green card will come in the mail. If you have been married 2 years when she entered the country on a CR-1 visa it is converted to an IR-1 visa upon entry into the country and she will receive a ten year green card. It sounds to me like she entered the country on a K-3 visa. A look in her passport will tell you. If she came in on a K-3 visa, it is a multiple entry visa good for two years I believe. You can file AOS anytime before it expires.

Edited March 24, 2008 by warpedbored (see edit history)