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Author: swedan Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 52  
Subject: Hello Date: 9/14/2004 10:05 AM
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Hello fellow Aliens!

I moved here from Sweden in 1989. This board is a good idea since I have found that there are a few subtleties in financial rules for us green card holders.

I'm looking forward to hearing about your experiences as things come up.

Dan
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Author: DiamondMask Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 20 of 52
Subject: Re: Hello Date: 9/14/2004 5:15 PM
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Hi Dan

Nice to hear from you. We are actually not even green card holders - here on a short term visa. I suppose I should technically be called a non-resident alien!!! The subtlies of the financial and official rules are endless.

DM

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Author: HedonistiX Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 24 of 52
Subject: Re: Hello Date: 9/15/2004 11:18 AM
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We are actually not even green card holders - here on a short term visa.
I suppose I should technically be called a non-resident alien!!!
The subtlies of the financial and official rules are endless.

DM
---


DM:

If you are not a permanent resident, you should double and triple check my and others' posts as they may not apply to your case.

Also if you don't mind giving more info. on your visa type (I'm not too familiar with "short-term" visa other than practical training visa, H-1B, special worker's visa or visitor's visa) and the nature of your stay, that can probably help us when chipping in with ideas.


--H

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Author: DiamondMask Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 25 of 52
Subject: Re: Hello Date: 9/15/2004 3:21 PM
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Hi

We're here on a company transfer visa. In the first instance for 3 years, maybe six or longer if we choose to stay.

Interesting concept "residency". In the eyes of the US government we are not permanently resident i.e. can't vote but I've yet to come across any other restrictions to our stay. Funnily enough we are not considered resident in our "home" country (UK) either. Good job I don't get a complex about not being wanted! I consider myself "resident" where ever home is and at the moment it's here. I suspect many folk who move jobs around the world have the same issues.

Did you choose to emigrate to the US?

Cheers
DM

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Author: HedonistiX Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 26 of 52
Subject: Re: Hello Date: 9/15/2004 4:27 PM
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Author: DiamondMask | Date: 9/15/04 3:21 PM | Number: 25

We're here on a company transfer visa. In the first instance for 3 years, maybe six or longer if we choose to stay.

Interesting concept "residency". In the eyes of the US government we are not permanently resident i.e. can't vote but I've yet to come across any other restrictions to our stay. Funnily enough we are not considered resident in our "home" country (UK) either .....

Did you choose to emigrate to the US?

-----

You are not a "permanent resident" yet in the US but after couple years, I believe - if you want - you can petition for it via your company (either employer or your own).

And naturally, the UK would not consider you as their "resident" since you are not physically there but of course you'll remain a citizen.

I actually almost came to the US as a foreign student after my undergrad but I got this green card lottery one year prior to graduation so the timing could not have been more perfect. After working/going to grad. school, I was recruited back to work in Asia. Then, I almost got recruited to work in Europe but it did not go through. I then came back to the US after only less than 2 years in Asia/Europe.

I decided to get naturalized 1-2 years after I came back.


--H

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Author: rog56 Three stars, 500 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 27 of 52
Subject: Re: Hello Date: 9/16/2004 4:49 PM
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Interesting concept "residency". In the eyes of the US government we are not permanently resident i.e. can't vote but I've yet to come across any other restrictions to our stay. Funnily enough we are not considered resident in our "home" country (UK) either. Good job I don't get a complex about not being wanted! I consider myself "resident" where ever home is and at the moment it's here. I suspect many folk who move jobs around the world have the same issues.

It's important to appreciate that residency for immigration purposes is not the same thing as residency for tax purposes, and even this can be slightly different from residency for social security purposes. And, of course, there may be subtle differences in each country's definitions, for these various purposes!

Therefore, never assume that one agency's definition determines any other agency's definition.

rog56 (soon to be 'Conditional Permanent Resident', but currently in a limbo state)

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Author: HedonistiX Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 28 of 52
Subject: Re: Hello Date: 9/16/2004 4:58 PM
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rog56 (soon to be 'Conditional Permanent Resident', but currently in a limbo state)
---


Without intending to probe, I'm curious why you think you're in "a limbo state"?

If you are married to a citizen, you are automatically becoming a "CPR" (my wife also went through this phase 4 years ago).


--H



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Author: FogChicken Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 29 of 52
Subject: Re: Hello Date: 9/16/2004 5:37 PM
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Without intending to probe, I'm curious why you think you're in "a limbo state"?

If you are married to a citizen, you are automatically becoming a "CPR" (my wife also went through this phase 4 years ago).


The limbo state happens when you've submitted an application but haven't yet received a response. There are special rules governing that case depending on what you're applying for - if it's permanent residency you can file separate applications for work and travel while it's pending. Since it can sometimes take years to process applications (depending on the type of application and the service center) this state can persist for quite a long time.

FC
(currently conditional permanent resident, conditional period expired, extension in place due to I-751, application for removal of conditions, filed and pending response).


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Author: rog56 Three stars, 500 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 35 of 52
Subject: Re: Hello Date: 9/19/2004 11:00 PM
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Without intending to probe, I'm curious why you think you're in "a limbo state"?

If you are married to a citizen, you are automatically becoming a "CPR" (my wife also went through this phase 4 years ago).


Hedonistix,

It's not automatic. An application to adjust status is necessary.

rog56

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Author: HedonistiX Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 36 of 52
Subject: Re: Hello Date: 9/22/2004 2:34 PM
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If you are married to a citizen, you are automatically becoming a "CPR" (my wife also went through this phase 4 years ago).
----
It's not automatic. An application to adjust status is necessary.
----



My understanding was "adjusting status" is "from conditional (CPR) to permanent".

Which is why, if one is married to a US citizen, they are automatically a conditional permanent resident (CPR).
To get from "conditional" to "permanent" is not automatic.


--H

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Author: FogChicken Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 39 of 52
Subject: Re: Hello Date: 9/22/2004 3:43 PM
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My understanding was "adjusting status" is "from conditional (CPR) to permanent".

Which is why, if one is married to a US citizen, they are automatically a conditional permanent resident (CPR).
To get from "conditional" to "permanent" is not automatic.


Repeat after me: nothing is automatic where the INS is concerned.

http://uscis.gov/graphics/howdoi/legpermres.htm

You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. [i.e., spouse] Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status...

<...>

If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:

Form I-485 Application to Register Permanent Residence or Adjust Status

Form G-325A Biographic Data Sheet (Between the ages of 14 and 79)

Form I-693 Medical Examination Sheet (not required if you are applying based on continuous residence since before 1972, or if you have had a medical exam based on a fiancé visa)

Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.)

Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)


(and if you want to work before your application is approved)

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to apply for a work permit once you adjust to permanent resident status.

(and if you want to travel outside the country before your application is approved)

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole...

The alien must file USCIS Form I-131, Application for a Travel Document, complete with supporting documentation, photos and applicable fees.


I've been through the whole process myself. Even if you don't use a lawyer you're looking at almost $1000 simply in INS filing fees, cost of the medical examination and so on. Moving from conditional to permanent status is a breeze by comparison. The good news is that spouses are among the highest priority cases for assignment of immigrant visa numbers, so you can typically get it all done in a matter of months rather than years.

(NB: I've quoted only the sections that applied to me; readers of this board may find themselves in a different situation. Read all the INS stuff yourself to make sure you do everything correctly).


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Author: HedonistiX Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 41 of 52
Subject: Re: Hello Date: 9/22/2004 4:12 PM
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Author: FogChicken | Date: 9/22/04 3:43 PM | Number: 39
I've been through the whole process myself. Even if you don't use a lawyer you're looking at almost $1000 simply in INS filing fees, cost of the medical examination and so on ....
----

As have I. I was a citizen, spouse was not, we got married in 2000 and she "automatically" was becoming a conditional permanent resident. YES, we did have to go through the filing processes (piles of papers, bank/credit card statements, rental agreements, etc.), YES we had to pay all sort of fees, YES, our processes started in 2000 (prior 09/11, so all bets could have been off as of today), YES, her conditional status was lifted this year, and YES, next month she will be interviewing for her naturalization process already.

"Automatic" does NOT mean that you register for marriage and you are "automatically" be mailed your green card or be granted residency status. What I meant by "automatic" was that one will "automatically" be a conditional permanent resident through marriage with a citizen after satisfying all the requirements. I'm as frustrated as anyone else when dealing with the INS (aka Dept. of Homeland Security today?) but I'm not expecting much from a government entity.

In our case as explained above, I consider the whole processes to be automatic.


--H

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Author: FogChicken Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 42 of 52
Subject: Re: Hello Date: 9/22/2004 5:05 PM
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In our case as explained above, I consider the whole processes to be automatic.

OK, I see the confusion - you meant something different by automatic than I thought you did. Having said that:

YES, we did have to go through the filing processes (piles of papers, bank/credit card statements, rental agreements, etc.), YES we had to pay all sort of fees...

This whole process is called a status adjustment. (Form I-485 is an application to adjust status). I took your earlier post as arguing that a status adjustment was only necessary for the conditional-permanent step, and not for the initial application for conditional residency.

(And while I-485 is pending, you definitely are in a kind of limbo state, with more rights than you had before but still fewer rights than a full or conditional permanent resident).


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