What happens if I recieve CR-1 shortly before our 2-year anniversary?

[ariest 0]

Our 2-year anniversary will be October 8, 2006. There is a chance to have an immigrant visa interview before that date, but already within the 90-days (before the anniversary) when I am required to file for lifting conditions. What happens in such case? Do I have to file for lifting conditions immediately, or can they give me IR-1 instead of CR-1? What if I have CR-1 and enter the US after October 8?

I know it's still a long way before the immigrant visa process is complete, I am just curious what awaits me ahead... Thank you for your replies!

[aussiewench 9]

If on entry to the US you have been married 2 or more years you will be granted permanent resident status as opposed to conditional resident status with the CR-1 (married less then 2 years). You would just need to make sure that this is granted on entry as others have found it a pain in the butt to get rectified after the fact.

[zyggy 9]

Our 2-year anniversary will be October 8, 2006. There is a chance to have an immigrant visa interview before that date, but already within the 90-days (before the anniversary) when I am required to file for lifting conditions. What happens in such case? Do I have to file for lifting conditions immediately, or can they give me IR-1 instead of CR-1? What if I have CR-1 and enter the US after October 8?

I know it's still a long way before the immigrant visa process is complete, I am just curious what awaits me ahead... Thank you for your replies!

Whether you have permanent residency with or without conditions depends on whether or not you have been married once the Permanent Resident Status has been given. Permanent Resident Status is given not when the Immigration Visa is issued, but upon entry with the Immigrant visa into the US.

If you do not wiah to have Permanent Resident Status with Conditions, then you must enter the US after your two year anniversary date. If you do this, make sure you let the CBP officer know this fact and request that you enter with an IR-1 status.

[meauxna 15]

Our 2-year anniversary will be October 8, 2006. There is a chance to have an immigrant visa interview before that date, but already within the 90-days (before the anniversary) when I am required to file for lifting conditions. What happens in such case? Do I have to file for lifting conditions immediately, or can they give me IR-1 instead of CR-1? What if I have CR-1 and enter the US after October 8?

I know it's still a long way before the immigrant visa process is complete, I am just curious what awaits me ahead... Thank you for your replies!

To clarify for you, and any others trailing behind....

Removal of Conditions is not mandated for the 90 days before your second wedding anniversary.

As others said here, and the instructions at uscis.gov are quite clear:

If you are married less than 2 years when you become a PR, you are CR-1 and must file 2 years from that date that you become a PR.

For your particular situation, where you pass your 2nd wedding anniversary before you become a PR (when you arrive with the Immigrant Visa), you should be admitted as IR-1 and not have to deal with I-751. It will be up to you to point this out to the Border Agent (with a smile).

[ariest 0]

Thank you very much, aussiewench, ziggy, and meauxna - that clarfies a lot. I just wonder how I point that to the Border Agent? Should I have the marriage cert. handy? What else might I need?

[zyggy 9]

Thank you very much, aussiewench, ziggy, and meauxna - that clarfies a lot. I just wonder how I point that to the Border Agent? Should I have the marriage cert. handy? What else might I need?

Your marriage certificate will be in the brown envelope that contains your A-file. Just when you give him the envelope and the visa, you might want to approcah it by "I had heard that if we entered the US after our second wedding anniversary, we should be admitted as an IR-1. Is this the case?"

[meauxna 15]

Thank you very much, aussiewench, ziggy, and meauxna - that clarfies a lot. I just wonder how I point that to the Border Agent? Should I have the marriage cert. handy? What else might I need?

Your marriage certificate will be in the brown envelope that contains your A-file. Just when you give him the envelope and the visa, you might want to approcah it by "I had heard that if we entered the US after our second wedding anniversary, we should be admitted as an IR-1. Is this the case?"

V Diplomatic.