CR1 after 2 years and 5 months of marriage

[hk68 0]

I wanna thank you all for your collaboration , now that none disagreed about me should've been issued a IR1, and I knew this all the time, I just wanted to double check and make sure.

Kaffy said I should have made an Infopass appointment to have my CR1 status corrected to IR1 soon after I have entered the country

Little too late now..

well , if the USCIS will acknowledge it as a mistake and might be corrected why it is too late now ?

I somehow agree with LA80 because I have never received a green card ( the plastic card) and filing I-90 would be the right action to take ???but what if my case is really CR1 or at least meant to be CR1 on purpose ? because even the stamp on my passport just above the visa which I got in the airport upon admission states that it will expire after 2 years.

[luv2uallday 1]

I am a CR1 visa cathegory holder, according to the immigration law, an immigrant is granted a CR1 or an IR1 depending on how old the immigrant's marriage, the day he/she is interviewed and granyed a visa, but my case is a little bit confusing, i have been married for 2 years and 5 months the day i was interviewed and granted a visa, even though I got a CR1 .did this happen to anyone else ? was it a mistake /?

actually it is the age of the marriage upon entry into the USA... not the visa issuance... regardless in your situation it should be IR

CR1 and IR1 are both visa categories and immigration status designators. A CR1 visa holder who uses the visa to enter the US after the second wedding anniverary is entitled to IR1 status upon entry.

??? that doesn't make sense to me my wife came here on a k3 visa and got a ir/1 category. she entered the country 7 months before our interview we were married in 2005 she came here march 2007 interview sept 2007. so if it's from the date of entry of usa shouldn't she gotten a cr1?

[pushbrk 13,027]

I am a CR1 visa cathegory holder, according to the immigration law, an immigrant is granted a CR1 or an IR1 depending on how old the immigrant's marriage, the day he/she is interviewed and granyed a visa, but my case is a little bit confusing, i have been married for 2 years and 5 months the day i was interviewed and granted a visa, even though I got a CR1 .did this happen to anyone else ? was it a mistake /?

actually it is the age of the marriage upon entry into the USA... not the visa issuance... regardless in your situation it should be IR

CR1 and IR1 are both visa categories and immigration status designators. A CR1 visa holder who uses the visa to enter the US after the second wedding anniverary is entitled to IR1 status upon entry.

??? that doesn't make sense to me my wife came here on a k3 visa and got a ir/1 category. she entered the country 7 months before our interview we were married in 2005 she came here march 2007 interview sept 2007. so if it's from the date of entry of usa shouldn't she gotten a cr1?

It doesn't make any sense in the context of K3 because K3 visa holders don't enter with LPR status like CR1 and IR1 do. For a K3 adjusting status it's the granting of the status, not the entry that is the date you compare to the marriage date. In these matters, it is dangerous to ignore context. Note the statement clearly begins with the words, "A CR1 holder...". K3 is not CR1.

My wife and daughter were K3 and K4. We delayed their AOS so that status was granted after the two year anniversary of our marriage. This resulted in their IR1 and IR2 status as of the AOS interview date and 10 year green cards. Had their interview occurred the day before the anniversary, their status would have been CR1 and CR2 with two-year green cards.

Edited April 16, 2009 by pushbrk

[hk68 0]

The K3 visas generally have shorter waiting periods compared to marriage-based immigration visas which are CR1 and IR1 .

K3 and K4 are nonimmigrant visas they just grant the holders a quick entry to the us to complete the immigration and adjustment of status processes.

[kaffy 2]

hold on, you haven't received your green card? Did you at least receive a welcome notice? how about SSN?

[hk68 0]

I have an SSN

[kaffy 2]

but no green card or welcome letter?

[hk68 0]

i was reading your time-line just now it is amazing i did not receive any welcome note nor did i receive a GC just an SSN

[LA80 3]

@hk68

The physical GC, which you do not have, should reflect your actual status. Even if the immigration officer wrote CR1 in your passport, there was a slight chance that USCIS had discovered the mistake and sent you GC with the right status. HOWEVER, it seems that all this time you were "cardless" and did not contact USCIS and ask for a new card since you never received it.

Here is the problem. If you do not receive the card (lost in the mail or never sent) you have to file I-90. I-90 takes a long time (4 months on average). When they issue a card with incorrect information, you file I-90, send the additional evidence, but also the original GC. Since you do not have physical GC to send back, the question is how can you file I-90 and ask them to correct the mistake?

What Infopass people can do is check your status in the system. There is a slight chance that you are IR1. In that case, do not file removal of conditions, but please do file I-90 since you never got your GC. You must have it for your own benefit. Things might get complicated if your status is CR1 since now you do not have time to correct everything. In that case, you will probably have to file I-751, but Infopass people know better.

[kaffy 2]

The physical GC, which you do not have, should reflect your actual status. Even if the immigration officer wrote CR1 in your passport, there was a slight chance that USCIS had discovered the mistake and sent you GC with the right statu

I totally agree. Your status could be IR1 on your green card.

LA80 has given you some good advice. And next time, keep on top of things!

[hk68 0]

I may have another serious Question.

it is clear now that I have to file either or I-751 or I-90, well there is no troubles filing for a lost GC but what about the I-751 , it may be filed jointly or separately , my Question is , what if the American spouse refuses to sign the I-751?

it is a Question picky guys dont underestimate it

I am still living with my wife same house , same address but chances are that my wife may refuse to sign the petition , and I may have to file separately , in this case what are the options I do have ?

[pushbrk 13,027]

I may have another serious Question.

it is clear now that I have to file either or I-751 or I-90, well there is no troubles filing for a lost GC but what about the I-751 , it may be filed jointly or separately , my Question is , what if the American spouse refuses to sign the I-751?

it is a Question picky guys dont underestimate it

I am still living with my wife same house , same address but chances are that my wife may refuse to sign the petition , and I may have to file separately , in this case what are the options I do have ?

You can self petition to remove conditions but there should not be and probably are none to remove. You'll know all this when you attend the infopass appointment.