Question:

Removable of Conditional Status?

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My wife have a CR1 but were stationed overseas how are we going to remove her Conditional Status? Can she apply for citizenship after it got remove? for how long do we need to wait so that she can apply for it? i thought they have this expedite thing for military who's stationed overseas.

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  1. There are special provisions for persons in the military in regard to completing form I-751 to remove the conditional status.

    The spouse and children of a member of the U.S. Armed Forces returning from a foreign assignment are exempt many normal requirements for returning residents pursuant to 8 CFR 211.1(a). If a dependent is a conditional resident, and the period of conditional residence has expired, the alien should be admitted and advised to file Form I-751 within 90 days.

    So, in other words, you can submit the I-751 to remove the conditional status after you get back to the U.S. She can apply for U.S. citizenship after 3 years of marriage and resident status.


  2. If she has been on conditional status for more than 2 years, she can submit her application to USCIS for removal of conditions.  If approved, she gets an unconditional green card.  After 3 years, she can apply for citizenship if she passes her English language and citizenship tests.

    Expedited is only for legal permanent residents who join the military.  Military personnel only have to wait two years to apply for citizenship.  Your wife is not a legal permanent resident yet, and she is not in the military.

  3. It gets removed only by time, or an investigation into her past that clears her of any associations with non approved behavior, or people, but you can ask any time, the only real concern, is if the authorities are worried that this is a marriage of convenience, i.e. to get a passport,

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