How to get IR1 visa (avoid CR1 visa) for spouse outside US?

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I am US citizen living in US currently. My wife is Chinese citizen working and living in China currently. We married in US on Feb 13, 2016. My wife would like to get “permanent green card” directly. She does not want the “conditional card” and has to remove the condition by the end of two years. What’s the right way for us to initiate the application? And when is it the right time to do so? Thanks.

Attorney Answers

3
F Capriotti 2793192.Html ·
The answer is simple ... she should not enter the US prior to February 13, 2018. NOTE: Working with an attorney, she can go through many 'preliminary steps' ... which can take 1 year .. and then delay the day she gets on the airplane bound for the US.
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David Vyborny ·
Conditional (2-year) green cards are not different applications from permanent (10-year) green cards - they apply to all marriages that are less than 2 years old when the foreign spouse becomes a permanent resident. The application is the same, it's just an issue of timing. If she doesn't want a conditional green card, she should wait to move to the U.S. until after February 2018. Consular processing for a green card takes about a year, so start the application accordingly.
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William Quirk ·
The only way to avoid the CR card is to be married for more than two years at the time LPR status is conferred on your wife. Absent waiting until 2018 to immigrate, there are no other special ways to do so. You should speak with an attorney to discuss these issues and get their opinions on how this can be accomplished.
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