visa issue date or POE date

[lets47 1]

Hello VJ friends,

Need help to understand on conditional or regular (unconditional) Green Card when immigration visa is activated at Port of Entry (POE).

What type of Permanent Residency will be granted if POE date passed the 2nd anniversary? Will be a conditional 2 year Green card because the CR-01 visa was issued before the 2 anniversary mark ? or will be a regular (unconditional) green card because the visa is activated at POE when the 2nd anniversary is reached?

In other words, which date, visa issue date or activation date, is a key factor to decide type of green card?

Any advice is appreciated.

[Leatherneck 693]

If at or beyond the second anniversary date at time of POE you should get an unconditional GC.

Edited May 3, 2014 by Leatherneck

[Carla V 43]

I think is also recommended to mention it at POE so they know is more than two years of marriage

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,824]

I think is also recommended to mention it at POE so they know is more than two years of marriage

Correct. The POE date is what determines the status, not the visa issue date or visa category CR1. However, often when a CR1 visa is presented at the POE AFTER the two year anniversary, USCIS makes mistakes. They can be corrected, but mentioning it clearly to the officer will help avoid such mistakes.

[lets47 1]

Thanks for clarifications. It helps a lot.