Conditional CR-1 visa. Lifting restrictions.

[JenandJerry 0]

Hi there,

From what I have read, if you have not been married at least two years on the date of your CR-1 interview, you will not be issued with permanent residence status, but instead, you will get two year conditional residence. I have also read that 90 days before your second wedding anniversary, you can apply to have the restriction lifted.

Our two year anniversary will be on August 18th 2007, so 90 days before that will be May 20th. My interview in London is on May 3rd. So, my question is:

Will I receive a conditional visa on May 3rd and then be able to apply to have the conditions removed 17 days later?! Or will the conditions apply for two years, meaning I can't get permanent residence status until 2009?

Thanks in advance for any help...

[Mary G. 0]

Whether or not you get a CR-1 or an IR-1 is contingent on how long you've been married to the US citizen when you enter the US with your visa. If you've been married for two years already on your date of entry to the US, you will get the IR-1 without the two year conditional period. If you haven't yet planned to enter the US with your visa before your two year anniversary, you should definitely wait since it will save you a lot of trouble.

Best wishes,

Mary

Hi there,

From what I have read, if you have not been married at least two years on the date of your CR-1 interview, you will not be issued with permanent residence status, but instead, you will get two year conditional residence. I have also read that 90 days before your second wedding anniversary, you can apply to have the restriction lifted.

Our two year anniversary will be on August 18th 2007, so 90 days before that will be May 20th. My interview in London is on May 3rd. So, my question is:

Will I receive a conditional visa on May 3rd and then be able to apply to have the conditions removed 17 days later?! Or will the conditions apply for two years, meaning I can't get permanent residence status until 2009?

Thanks in advance for any help...

[MaydayDas 1]

i think "2 years anniversary" it means 2 years since you entered US with a CR 1 visa

[Flames9_RN 358]

for cr-1, once you enter the USA and activate the visa, thats when the 2 yrs starts ticking. has NOTHING to do with your wedding date. On ur 2 yr green card, there wil be an expirary date, 90 days prior to that date is when you can first submit the I-751. Of course doesnt have to be exactly 90 days, one just CAN'T submit it prior to that.

I think one is gettign confused about the cr-1 and Ir-1, which one of those you get depends on the length of marriage,and yes if you eneter the USA and married 2 yrs or more, one should get the IR-1 (good for 10 yrs). But once you enter the USA on a cr-1 (married less than 2 yrs) u submit the I-751 90 days prior to the expirary date on ur greencard (not ur weddign anniversary) Best of luck

[meauxna 15]

Our two year anniversary will be on August 18th 2007, so 90 days before that will be May 20th. My interview in London is on May 3rd.

Best wishes for your upcoming interview!

You will receive a CR-1 class Immigrant Visa by virtue of the fact that you will be married less than two years at that time. Your possible outcomes afterward are:

-You get your new visa and hop the first flight out to the US. You enter before August 18 07. You will be admitted as class CR-1 and will be required to file I-751 to Remove Conditions 2 years after your entry.

-You get your new visa and decide to wait at home for a few months. You enter the US after August 18 07 and your SHOULD be admitted as IR-1 due to the fact that at that time you have been married 2+ years. You would not be required to file I-751 ever and your Green Card will be valid for 10 years from entry.

The one thing I don't recommend is entering ON your wedding anniversary date. This has caused problems for a couple of posters in the past.

Please see the links in my signature regarding Removing Conditions for the links to the law and procedure.

[JenandJerry 0]

Thanks everybody for your help. Unfortunately we are already living in the US on a K-3 visa and are only returning to London for the interview (as it's much quicker than AOS). We can't hang around for a few months.

I suppose I shouldn't be surprised at the mind numbing stupidity of these regulations as that has been pretty commonplace so far!! Effectively, we will have been married almost 4 years when my restrictions are lifted.

One more question. Does this affect when I can apply for US citizenship? Does the 3 year residence clock start from when I enter the US on the CR-1 or from when I am issued the IR-1?

[meauxna 15]

Thanks everybody for your help. Unfortunately we are already living in the US on a K-3 visa and are only returning to London for the interview (as it's much quicker than AOS). We can't hang around for a few months.

I suppose I shouldn't be surprised at the mind numbing stupidity of these regulations as that has been pretty commonplace so far!! Effectively, we will have been married almost 4 years when my restrictions are lifted.

One more question. Does this affect when I can apply for US citizenship? Does the 3 year residence clock start from when I enter the US on the CR-1 or from when I am issued the IR-1?

Well, I try to not think of it as stupidity.. rules is rules and if they are applied to everyone, it's simply fair. You've got a way around it if you choose.

About naturalization, your 'clock' does not start until you are a Permanent Resident (remember those links in my siggy?). You become a PR when you are admitted to the US with an Immigrant Visa (CR/IR) or are approved for Adjustment of Status (AOS).

Your N-400 filing date will be dependant on your PR start date. 'Time served' as a non-immigrant doesn't count.