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I am a card holder as i mentioned before and would like to…

I am a green card...
I am a green card holder as i mentioned before and would like to marry my girlfriend who lives and resides currently in Spain. She is spanish and colombian citizen andafter our marriage i would like her to keep both of her residency as well. First, is that possible, and second, is it required for her to move to the United States once we are married? Meaning does have to be physically in the U.S while the conditional residency period is running and just before the time it runs out, let her apply for the permanent residency here in the U.S?
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Answered in 4 minutes by:
5/14/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,057
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I am confused about what both residencies she wants to keep, Spanish and Colombian citizenship?

If she wants conditional resident US status she would get the CR1 visa abroad and be required to move to the US within 6 months of the visa being issued.

You may benefit from a phone call.

Once she has US CR status she must reside at least 6 months of the year in the US. In other words, RESIDE here because she is a resideent.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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For some reason I cannot offer you a phone call. You can click on the "CALL" button is you want to talk.

Judith

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Customer reply replied 3 months ago
Thank you Judith for your answers. Unfortunately, i am not able to jump on a call today but here is a quick summary again. So, basically, she is currently a colombian and spanish citizen. She lives and resides right now in Spain. I am a green card holder and my goal is for her to be able to come and work in the United Stats legally.So, from my understanding what you have mentioned earlier. Before going back to it, once we marry does she receive the US CR immediately or does this take some time? So, once she has it, from what you are saying is, she has to move to the united states and stay here for at least 6 months, correct? Then she is able to return back to Spain but has to come back again the following year and stay for another 6 months. Is that right the way I am understanding it. Or does she has to stay in total of 6 month within the 2 year period before she can apply for the permanent residency. From what I heard that we have to apply around 90 days before the CR status expires, we have to apply for the the permanent residency, meaning the green card.During the US CR period, is she eligible to work in the United States? That is my main concern.She wants to keep both her residency at the same time. Her Spanish and her Colombian citizenship.

You as a permanent resident do not have the same rights of a US citizen. Therefore, when you file a petition she has to wait for a visa number to become available to her in order for her to come to the US to live.

The present backlog for a visa is taking 2 years. You file the I-130 while she is in Spain and she waits until the petition is approved and sent to the National Visa Center which is like a clearing house for the Embassies and consulates. They get the file ready for the consular officers by doing the background checks and collecting all documents.

Every year she needs to spend the majority of her time in the US = 6 months one day.

Yes, she has to file the I-751 to remove the conditional status within 90 days before the card expires and that must be filed in the US.

While here on the CR1 status she may work and travel.

She can keep her dual citizenship.

You may find this helpful

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved.html

Also be sure to read

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 3 months ago
I see. So, once we file a petition it can take up to 2 years until the conditional residency card is available for her. But it can also take less, correct? Once we she received it then this conditional residency is good for 2 years. Within those 2 years she can work in the U.S but needs to reside for at least 6 months in the United States. So, basically within those 2 years she has to stay at least for 1 year in the U.S while she is on the CR status. Yes?So, once she receives her CR card, she doesn't have to move to the united states right away. She can wait for 6 months and then come here and spent at least 6 months, then leave for 6 months and then come back again to spend another 6 months in the 2nd year.Sorry this is my last question. This helps a lot.

It can take less but 2 year has been the average wait for the last several years.

Once we she received it then this conditional residency is good for 2 years. Within those 2 years she can work in the U.S but needs to reside for at least 6 months in the United States. So, basically within those 2 years she has to stay at least for 1 year in the U.S while she is on the CR status. Yes?
She not only has to spend a year in US she cannot be out more than 6 months without serious presumptions of abandonment of her status.
So, once she receives her CR card, she doesn't have to move to the united states right away. She can wait for 6 months and then come here and spent at least 6 months, then leave for 6 months and then come back again to spend another 6 months in the 2nd year.

Correct.

I will send you an offer for additional Q&A time.

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,057
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you Judith. I think that clarifies it

Very good, I am pleased you are clear on the process.

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