if you are one of those who are immigrating to the united states where in your visa is based on marriage, there would be certain restrictions that would be placed. These conditions would be set for the initial two years of your residence in the united states. This period is known conditional residence. This is implied for all the couples who have been married for less than two years.
the period for this conditional residence starts from the day when you were given a permit for dominant and permanent residence in the united states. The cr – 1 notation in the stamp of your passport showcases you being permitted as a conditional resident. However, you have to adduce that your marriage is genuine and not a mere stunt to get a visa.
however, the rights for a conditional resident under the cr – 1 status remain the same as that of the other dominant and permanent residents. Till the time you are eligible for the citizenship of the united states, you would be termed as being conditional residents.
after being granted the conditional status, you would be informed by the us citizenship and immigration services regarding the conditions that have been set forth and have to be followed. With this, the fundamental and necessary requirements for removing those transitory and temporary conditions as well as the consequences of failure to meet the requirements would also be informed. No personal and specific reminder would be given during the time for filing an application for the removal of conditions.
ideally, you along with your spouse should apply ninety days prior to the end of the conditional period (that is after two years). If not applied for, your status as a conditional resident might not be applicable anymore and the process for the same might start.
on the other hand, if applied for the removal of conditions earlier than ninety days, the application would not be accepted. In case, you apply a bit late (i. E. By a few days or weeks), ensure that you send the application along with a cover letter giving reasons for the delay.
in case, you and your spouse have separated or you have been subjected to abuse and tempest and violence by your spouse, you would be permitted to apply for a removal of the joint filing requirement. Here, you would be allowed to apply for the removal of conditions on your conditional residence.
in case you have children; they would also be allowed to be added into the application if their conditional resident status was approved at the same time of yours or nearly within six months. If the child has received the conditional status after six months, a separate application has to be filed or if he was given a permit separately.
in all these aspects, it is best to contact a consultant who deals with us immigration. He would be able to counselor and guide you accordingly on what needs to be done.
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