Mistake on visa?

[rjp44 1]

Not sure about length of validity of CR-1/IR-1 visa from Canada, State department table does not list immigrant visas.

http://travel.state.gov/visa/frvi/reciproc...ocity_3531.html

However, I would delay entry to the USA on that visa until after 2nd wedding anniversary (4/21/08), when you enter the country, show the POE officer your marriage certificate, and they should recode your green-card as the 10 year permanent one, NO conditions to then lift 2 years later.

I can't delay on entering because our daughter would be left without care. Although, maybe they can/will hold off on activating the visa, but in the end I just want to get this whole thing over with.

You need to enter the U.S. within 6 months, but when you do, you should get the 551 stamp on your visa that is good for re-entry for 2 years.

[Flames9_RN 358]

Once it is stamped its only good for ONE year! At least thats what it states on the bottom of my visa in the passport from Montreal

[MargotDarko 0]

This thread is pretty crazy and has quite of bit misinformation or misleading information.

To the OP - just in case it is not clear - right now, you have a CR1 visa, and it is correct that it is valid for six months only. You have six months to enter the US. When you enter, the CR1 visa will be stamped and will then become a 551 which serves as a temporary green card for one year.

YuAndDan has made a good suggestion about waiting to enter the US until after the second wedding anniversary. It would really save you money and hassle in the long run. It would mean that after entering, you wouldn't have to deal with USCIS much until you were ready to file for naturalisation.

If you enter before your second wedding anniversary, you will only receive a two-year green card, which means that 90 days short of two years after entering, you would have to pay at least $545 USD (may be more by then) and file the I-751 with a whole bunch of supportting documents to remove the conditions on your greencard. Of course your daughter is more important, but if I were you, I would try to be very creative about how I could wait until after the second wedding anniversary to enter the US. It would be so nice to enter knowing you were free and clear for years!

[Jigi 0]

hi Guys,

I am more confused now.... I have question for the intelligent people out here..... Mine also is valid for 6 months... which when I asked the consulate they told me you have 6 months time to enter our country.

The I-551 stamp which will be done at the POE is valid for 6 months.... then it is said in this thread that if you are on CR1 visa ... it is valid for 2 years....

So in short how much is the validity..... 1 year or 2 years.

Jigi

[Lansbury 19]

When you get your visa you have 6 months from the date of issue to enter the US

When you enter the US the visa in your passport is stamped and becomes an I-551 valid for 12 months from that date.

If your first green card is a conditional one it is valid for 2 years, and you apply to remove the conditions just before it expires.

An unconditional green card is valid for 10 years, and then has to be renewed but that is just a formality.

[Flames9_RN 358]

Once stamped at the POE, its good for one year (Im looking at my passport right now and it states 1 year right on the visa given by the consualte in Montreal). But ur actual greencard will (should be) here long before that!!

[j.debonis 0]

I thought about starting a new thread for my question but thought maybe it still applies to the thoughts expressed here. The uscis website indicates that an alien spouse can apply for naturalization after 3 years of living in the U.S. My question concerns when this three years starts counting. Does it start after the "conditional" status has been dropped after 2 years or do the three years actually start counting at the date of entry whether you've entered the u.s. with conditional status or not? If the three years starts starts counting after the conditional 2 years, then the spouse must wait 5 years before applying for naturalization. It's a fine point that uscis has not defined clearly. I'm just wondering in case my CR-1/IR-1 falls close to our 2 year anniversary. I want my wife to apply for naturalization ASAP so if we have to wait 2 years for removal of conditional status then the additional 3 years (5years) then I'd try to wait until my 2nd anniversary before entering. Any answers, thoughts or guesses would be appreciated...but if you have any references from uscis website, that'd be better

Thanks,

James

[Silas 0]

I thought about starting a new thread for my question but thought maybe it still applies to the thoughts expressed here. The uscis website indicates that an alien spouse can apply for naturalization after 3 years of living in the U.S. My question concerns when this three years starts counting. Does it start after the "conditional" status has been dropped after 2 years or do the three years actually start counting at the date of entry whether you've entered the u.s. with conditional status or not? If the three years starts starts counting after the conditional 2 years, then the spouse must wait 5 years before applying for naturalization. It's a fine point that uscis has not defined clearly. I'm just wondering in case my CR-1/IR-1 falls close to our 2 year anniversary. I want my wife to apply for naturalization ASAP so if we have to wait 2 years for removal of conditional status then the additional 3 years (5years) then I'd try to wait until my 2nd anniversary before entering. Any answers, thoughts or guesses would be appreciated...but if you have any references from uscis website, that'd be better

Thanks,

James

James,

You might want to check out this thread it's pretty comprehensive. http://www.visajourney.com/forums/index.php?showtopic=311

The good news is that you don't need to worry about conditional status in this case. I think people sometimes think that if you enter before the 2nd anniversary you're somehow not a permanent resident. You are a permanent reisdent just one with conditional status. In brief your wife for naturalisation purposes is viewed by the govt as a permanent resident once she arrives in the US so can apply for citizenship 3 years after being in the US.

As to when the three years starts counting I believe that it's from the date on the Green Card. I'm still waiting on mine so I have no idea if the date on the card is the date of the immigrant's POE or if it's the date that USCIS produces the card. Common sense assumes it would be the former but experience has taught me it's best not to assume anything with USCIS. I'm sure someone else can give a definitive answer on this point.

Also, I understand spouses do not have to wait the full 3 years before beginning the application process. Rather like removing conditions you can apply 90 days before the 3 years are up.

[Flames9_RN 358]

The 3 yrs starts the day you enter the USA and activate the cr-1 visa. In my case it was Dec 17 2004. And the two yrs was up dec 17 2006. 90 days prior to Dec 17 2006, I had to submit the I-751. (doesnt have to be exactly 90 days, you just cant file it any earlier!!) My 3 yrs was up Dec 17 2007. 90 Days prior to that I could have commenced my paperwork for USA citizenship, but havent gotten around to it yet, but will be doing so shortly. In possesion of my 10 yr greencard (from the I-751) so in no hurry at the moment!! Cheers

[j.debonis 0]

Thanks for your responses. Silas, that's a great thread. That will take me an evening to digest. Flames, thank you for sharing your experience. It's good to know. My assumptions were correct but I don't really want to rest on my assumptions on such an important process as my wifes naturalization. It's still several years down the road but I'm just beginning my research and desiring to be super-prepared. Thanks again.

James