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Abog Ana M. Monsalve
Abog Ana M. Monsalve, Abogada
Categoría: Ley de Inmigración
Clientes satisfechos: 3675
Experiencia:  26 años Experiencia en inmigración de Usa, Canada, Mexico y America Latina
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Abog Ana M. Monsalve está en línea ahora

On 8 Aug. 2018 my wife entered Customs and Immigration at

Esta respuesta ha recibido una valoración:

On 8 Aug. 2018 my wife entered Customs and Immigration at the Houston Airport and submitted her documents and asked for
Resident Status. We were married in Colombia on 27 July 2016. Her entry into the US was after 2 years of marriage. She was given a 2 year CR VISA. USCIS rules state that a 10 year PR VISA can be given if the "Your permanent residence status is conditional if it is based on a marriage that was less than 2 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 adjustment of your status to permanent residence."
I have read on other Immigrant web sites that also state that if residency was granted after 2 years of marriage then a 10 yr PR Green Card can be given.
On 29 Aug.2018 My wife and I talked with US Immigration about the PR vs.CR Green Card and they advised to file a claim stating there was an error made on the Green Card. I filed the claim.
Yesterday 17 Oct. my wife had an appointment for Biometrics and Photos at the US Immigration office. My wife was told that she was wrong about the PR Green card and it is based on 3 years of marriage and they suggested she talk again to a Immigration person and they made her an appointment and she did not get her biometrics or photo competed. I was not with my wife yesterday at the Immigration office to be able to give explanation to the and my wifes english is poor and she does not understand everything. Her appointment to talk to Immigration is on Monday 22 Oct. 2018 and I am unable to attend.
Is my information and understanding of the PR vs CR Green Card correct and if so how do we proceed from here with trying to get past the contract Immigration employees at the front door?

Hola, Soy la abogada Ana Monsalve. Bienvenido a JustAnswer. Estoy revisando su pregunta. Le respondo con detalle lo antes posible.

puede hablarme en español

Cliente: escribió hace 30 días.
I speak English
Cliente: escribió hace 30 días.
I am presently in Colombia

OK . one moment pelase

the PR Green card and it is based on 3 years of marriage because she arrived On 8 Aug. 2018

Cliente: escribió hace 30 días.
FYI the form I was told by Immigration to fill out about the Green Card Error was a I-90.
Cliente: escribió hace 30 días.
https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage
This is the link to the USCIS web site and the information below is from the site.
Your permanent residence status is conditional if it is based on a marriage that was less than 2 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 adjustment of your status to permanent residence..

but she came into the United States very recently 8 Aug. 2018 and they want to verify that the marriage is true

the processes in immigration have changed and each case is different, in the interview they will explain why the decision.

Cliente: escribió hace 30 días.
We arrived with all documents including our marriage photos and I have resided with my wife in Colombia since our marriage. The appointment we had on 29 Sept., the Immigration person did not give us an explanation and I asked for one.
I have read that waiting to enter the US after 2 years of marriage was beneficial specifically for the PR green.card.
Can you refer me to the regulation that gives 3yrs?

2 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 adjustment of your status to permanent residence.

She was admitted in 8 Aug. 2018 two months ago not two years ago

Cliente: escribió hace 30 días.
No, she was admitted to the US after 2 yrs of marriage.
Cliente: escribió hace 30 días.
I believe what you are telling me is that a CR is given on admittance to the US and not a PR. I have understood after reading the rules that the PR versus the CR for a marriage VISA is dependent on the length of marriage when the immigrant is admitted to the US. I have not seen any requirement that the immigrant had to be living in the US. Sorry if I am pushing back, but this has been a long tedious and stressful process and I have put a tremendous amount of hours into and I have found that there is alot of misinformation out there. Through this process I have learned to verify what the Immigration rules say and of course they are sometimes confusing.

she was admitted to the US in 8 Aug. 2018 , lawfully admitted to the United States on an immigrant visa

If she was two years admitted to EEUU, and she only have 2 months

If she was two years admitted to EEUU, and she only have 2 months, sorry

You say she was admitted to the US after 2 yrs of marriage, it is not marriage is admitted in EEUU.

You understand me.

Cliente: escribió hace 30 días.
https://jp.usembassy.gov/visas/immigrant-visas/green-card/conditional-residents/
...."You are a Conditional Resident if you immigrated to the United States as a spouse of U.S. citizen before the second anniversary of your marriage, which is the basis of your immigrant status."....
https://jp.usembassy.gov/visas/immigrant-visas/green-card/
..."An immigrant visa is for an alien who plans to live permanently in the United States. This visa must be obtained before traveling to the United States. After entering the country on this visa, the alien will be granted Permanent or Conditional Resident status. A permanent resident card (“green card”) is issued by USCIS after admission and is later mailed to the alien’s U.S. address."...
Cliente: escribió hace 30 días.
I am sorry, but I do not understand when I read the above information from the USCIS
Cliente: escribió hace 30 días.
I know the above is for Japan

"An immigrant visa is for an alien who plans to live permanently in the United States. This visa must be obtained before traveling to the United States. After entering the country on this visa, the alien will be granted Permanent or Conditional Resident status.

The card says permanent resident but they give it to permanent or conditional residents.

Conditional residents are given a permanent resident card, which varies on the date that is two years or ten years , ten years is residente permanent

the green card perament residente two years is conditional residente

This visa must be obtained before traveling to the United States. After entering the country on this visa, the alien will be granted Permanent or Conditional Resident status

in this case your wife will be granted Conditional Resident status .and A permanent resident card (“green card”) for two years

Cliente: escribió hace 30 días.
The VISA was granted through the embassy in Bogota in June of this year. Sorry but I am confused now because of what I see as conflicting information.

in the interview the functionary will explain to his wife about the conditional residence, if she can not go with you, she must go with an interpreter, but the permanent residence of ten years does not correspond to her because she only has two months of come to the united states-

My answer is that his wife is entitled to conditional residence for only having two months in the United States and she was admitted to the United States on an immigrant in 8 Aug. 2018 ,

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage This is the link to the USCIS web site and the information below is from the site. Your permanent residence status is conditional if it is based on a marriage that was less than 2 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 adjustment of your status to permanent residence..

Cliente: escribió hace 30 días.
Gracias Ana for the information.

thanks to you for your visit to Justanswer.. good lucK ¡¡¡¡¡

Cliente: escribió hace 26 días.
Ana, this is Steve Rickman, I spoke with you about my wifes CR1 status being in error. Today my wife was in the office of USCIS and we explained the error. The Immigration officer agreed to the error and changed the VISA to a IR1. I have attached the new VISA stamp below. I hope this helps with other clients in the future. Best Regards.

thanks to you for your information the problem is in the admitted in EEUU .she was admitted to the US CRI condicional residente. shuold be IR1 not CRI ..

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