CAN ANYONE HELP ME! AP not done and CR1 almost expiring!

[tammy2688 1]

Hello all,

im vj member tammy2688 - and i have posted several topics on AP and its agony

I have a DIFFERENT question now- can ANYONE HELP ME??

Married: july 2006

Filed: dec 2006 (I-130)

My 2nd anniversary is 5 months from now. My husband just got issued more security checks from embassy after AP was said to be done, I have not idea how long that will take.

If you have to file within 90 days (3 months) and I only have 2 months to go then...what do I do? If he gets the visa and the removal of conditions is filed too late but it was because of their processing what will happen?

Thanks for all your help

tammy

[LadyJane 1]

I really don't know the answer to this, although I thought that you could file for removal of conditions only if you already have the visa! If, by the time you get done with AP (hopefully soon!), you are close to your 2-year anniversary then maybe you can ask the embassy to issue the IR1 instead of the CR1. You may want to send an email to the embassy with this question.

[MaryandMian 1]

Tammy I sent you a pm. The I-130 will be extended while at the embassy so it should not expire. The AP and timeframe of getting the visa and the type of visa are just like LadyJane explained below. CR-1 married less than 2 years and the I-R1 if married longer.

Mary

[jula 0]

tammy, don't look for more things to worry about. ..

If your husband receives CR-1 and enters the USA by July 2008, he'll get green card valid for 2 years (2010) and you'll have to file to remove conditions 90 days before GC expires (in 2010). If he gets CR-1, but enters the USA after 2 year wedding anniversary, he should receive 10 year GC (no removal of conditions). The same goes if he gets IR-1.

[emt103c 10]

Ditto to all three!

[Nutty 2]

Hello all,

im vj member tammy2688 - and i have posted several topics on AP and its agony

I have a DIFFERENT question now- can ANYONE HELP ME??

Married: july 2006

Filed: dec 2006 (I-130)

My 2nd anniversary is 5 months from now. My husband just got issued more security checks from embassy after AP was said to be done, I have not idea how long that will take.

If you have to file within 90 days (3 months) and I only have 2 months to go then...what do I do? If he gets the visa and the removal of conditions is filed too late but it was because of their processing what will happen?

Thanks for all your help

tammy

Hi Tammy:

I married in June 2006 and also filed in December 2006. I will look into this just as you...

Tina

[hopeful... 0]

Hello all,

im vj member tammy2688 - and i have posted several topics on AP and its agony

I have a DIFFERENT question now- can ANYONE HELP ME??

Married: july 2006

Filed: dec 2006 (I-130)

My 2nd anniversary is 5 months from now. My husband just got issued more security checks from embassy after AP was said to be done, I have not idea how long that will take.

If you have to file within 90 days (3 months) and I only have 2 months to go then...what do I do? If he gets the visa and the removal of conditions is filed too late but it was because of their processing what will happen?

Thanks for all your help

tammy

Hello, Tammy. My husband and I originally filed for his CR1 (because our marriage was under 2 years), and, by the time his visa was approved, our marriage had been in place for over two years. However, the embassy of Cairo still mistakenly issued him a CR1 visa, and it should have been an IR1 visa because our marriage had, by the time they issued it, been for 2+ years. My husband asked the POE officer to adjust it for him, but he said he didn't have the authority to do it. So, USCIS has now issued the wrong green card (i.e. the one with "conditions"). We've had to send them a certified letter showing their error with a copy of our marriage license. Apparently, this can take up to 6 months to fix, even though it was their error. It won't cost us anything to get the right card (because it's their error) and it doesn't affect his ability to work, drive, etc., but it's just more paperwork with which to deal. My advice is to try to take care of this with the embassy if/when the visa is going to be issued. Be sure his passport gets stamped with the IR1 if you're at the 2+ marriage point... that way you have less reasons to deal with USCIS once he's here (which is always a good thing!!). Best wishes to you.

[tammy2688 1]

Hello, Tammy. My husband and I originally filed for his CR1 (because our marriage was under 2 years), and, by the time his visa was approved, our marriage had been in place for over two years. However, the embassy of Cairo still mistakenly issued him a CR1 visa, and it should have been an IR1 visa because our marriage had, by the time they issued it, been for 2+ years. My husband asked the POE officer to adjust it for him, but he said he didn't have the authority to do it. So, USCIS has now issued the wrong green card (i.e. the one with "conditions"). We've had to send them a certified letter showing their error with a copy of our marriage license. Apparently, this can take up to 6 months to fix, even though it was their error. It won't cost us anything to get the right card (because it's their error) and it doesn't affect his ability to work, drive, etc., but it's just more paperwork with which to deal. My advice is to try to take care of this with the embassy if/when the visa is going to be issued. Be sure his passport gets stamped with the IR1 if you're at the 2+ marriage point... that way you have less reasons to deal with USCIS once he's here (which is always a good thing!!). Best wishes to you.

Thank you dear,

I really appreciate this thorough answer. Yes it is important know how things a little ahead so that you can atleast me educated about potential dilemmas. Knowing them if AP gets done even a day before 2 year mark theyre not gonna think ahead. Only God knows, I am praying it doesn't get to that point, that woul mean I had AP for 10 months

I pray that AP finishes before that!

Tammy

[morocco4ever 63]

How long is the I-130 good for? We filed in December of 2004 and he didn't get the visa until 2006, so it was almost 2 years. I do believe that the consulate will extend it, and does so on a regular basis.

As for what hopeful said, she is correct. For anyone that has been married longer than 2 years make sure the consulate issues the IR1. If they make a mistake and issues a CR1 it is worth it to wait an additional few weeks to get it corrected there.