Activating visa question..

[happilycontent 16]

So I'm expecting my visa in the next 5 days at least that's what I was told at my interview, when I was approved.

We're (my husband and I) 3 months short of our 2nd wedding anniversary, hence the CR-1.

I've seen a lot of people giving other people advice to wait until their 2nd wedding anniversary passes to activate thier visa, (if possible) as it's less hassle, and that, at that point you can get your 10yr GC, etc. Is this true? Has anyone personally done that, and been granted?

I just called CBP and asked someone with immigration about that and he said that it doesn't matter how long you've been married they go by what visa you were given. I'm very confused.. We both decided that we'd wait to activate it, since we're only 3 hours apart and see each other every week, but there's obviously no point in waiting if you just end up getting the temporary 2 yr visa and have to fill out the I-751 + whatever else, and I don't want to be away from my husband all for nothing..

Someone enlighten my please!!

[pushbrk 13,105]

So I'm expecting my visa in the next 5 days at least that's what I was told at my interview, when I was approved.

We're (my husband and I) 3 months short of our 2nd wedding anniversary, hence the CR-1.

I've seen a lot of people giving other people advice to wait until their 2nd wedding anniversary passes to activate thier visa, (if possible) as it's less hassle, and that, at that point you can get your 10yr GC, etc. Is this true? Has anyone personally done that, and been granted?

I just called CBP and asked someone with immigration about that and he said that it doesn't matter how long you've been married they go by what visa you were given. I'm very confused.. We both decided that we'd wait to activate it, since we're only 3 hours apart and see each other every week, but there's obviously no point in waiting if you just end up getting the temporary 2 yr visa and have to fill out the I-751 + whatever else, and I don't want to be away from my husband all for nothing..

Someone enlighten my please!!

CBP is the wrong place to ask. USCIS issues green cards. If you enter using the CR1 visa after your two-year wedding anniversary, you are entitled to a 10 year green card. Usually, just mentioning it at the border will do the trick but some have had to correspond with USCIS to get a two-year card replaced with a ten year one.

There definitely are people who have done this. Perhaps some will respond with their personal experience. Based on my experience, I think it's always best to know what you're entitled at the border and make sure you get it. In our case, the incompetent officer left the sealed packet in my wife's possession instead of taking it and then stamped the I-94 with an entry date of August 39. It was a real pain to get all that straightened out when the nearest USCIS office or POE is 150 miles away.

Removal of conditions fee is now, $625 including biometric fee.

[Chris Parker 11]

So I'm expecting my visa in the next 5 days at least that's what I was told at my interview, when I was approved.

We're (my husband and I) 3 months short of our 2nd wedding anniversary, hence the CR-1.

I've seen a lot of people giving other people advice to wait until their 2nd wedding anniversary passes to activate thier visa, (if possible) as it's less hassle, and that, at that point you can get your 10yr GC, etc. Is this true? Has anyone personally done that, and been granted?

The U.S. immigration law is very clear on this subject:

- You do not become a permanent resident until you enter the U.S. with your immigrant visa.

- If you have obtained permanent resident status based on a marriage less than 2 years old on the day you are lawfully admitted as a permanent resident, your permanent resident status will be conditional.

Therefore, they cannot legally apply conditions to your residence if you have been married more than 2 years on the day of your arrival, even if the visa says category CR-1. The computers should reject the attempt, though apparently they do not. If they do give you a 2-year permanent resident card with category CR1 showing nevertheless, it is administrative error, and the conditions can be removed immediately with no fee by applying for a new permanent resident card with Form I-90 and returning the erroneous card. Even if you don't bother doing that immediately, under no circumstances may your permanent resident status be considered terminated at card expiration as it is for true conditional residents because the conditions were not lawful on your status in the first place.

Edited March 3, 2008 by Chris Parker

[Marilyn. 340]

So I'm expecting my visa in the next 5 days at least that's what I was told at my interview, when I was approved.

We're (my husband and I) 3 months short of our 2nd wedding anniversary, hence the CR-1.

I've seen a lot of people giving other people advice to wait until their 2nd wedding anniversary passes to activate thier visa, (if possible) as it's less hassle, and that, at that point you can get your 10yr GC, etc. Is this true? Has anyone personally done that, and been granted?

I just called CBP and asked someone with immigration about that and he said that it doesn't matter how long you've been married they go by what visa you were given. I'm very confused.. We both decided that we'd wait to activate it, since we're only 3 hours apart and see each other every week, but there's obviously no point in waiting if you just end up getting the temporary 2 yr visa and have to fill out the I-751 + whatever else, and I don't want to be away from my husband all for nothing..

Someone enlighten my please!!

CBP is the wrong place to ask. USCIS issues green cards. If you enter using the CR1 visa after your two-year wedding anniversary, you are entitled to a 10 year green card. Usually, just mentioning it at the border will do the trick but some have had to correspond with USCIS to get a two-year card replaced with a ten year one.

There definitely are people who have done this. Perhaps some will respond with their personal experience. Based on my experience, I think it's always best to know what you're entitled at the border and make sure you get it. In our case, the incompetent officer left the sealed packet in my wife's possession instead of taking it and then stamped the I-94 with an entry date of August 39. It was a real pain to get all that straightened out when the nearest USCIS office or POE is 150 miles away.

Removal of conditions fee is now, $625 including biometric fee.

actually it is....

$465 (plus $80 biometric service fee) for a total of $545

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Edited March 3, 2008 by MarilynP