So much time has passed! (waiting almost 2 years)

[Mike & Julie 0]

We got married September 7th 2007 and sent out our application in October, 2007. Were were stuck with USCIS for 1 and a half years until finallyl getting transferred to NVC in April, 2009. Well we are still waiting for an interview date and looks like it will be, at the earliest, in September. This is an application for a CR-1 yet we will have been married for over 2 years by the time the visa gets issued....if ever.

Does anyone know of a way to ask for a permanent residence instead of a conditional residence at this stage? NVC, USCIS or border patrol will not give a clear answer. After waiting all this time, we really would like to avoid having to run around and paying more exhorbitant fees after 2 years conditional residence to adjust status to permanent.

Any advice will be greatly appreciated.

Julie and Mike

[Anh map 2,098]

To the best of my knowledge it depends on how long you have been married at the time the visa is issued. Less than 2 years the immigrant receives a conditional card, over 2 years the immigrant receives a 10 year card. Also the IO has some discretion as to which GC to authorize. That's probably why no one can give you a definite answer.

The fee for removing conditions isn't so bad, $545. Much cheaper than the adjustment of status.

Hope it's all smooth sailing for you from here on.

[vj007 0]

We got married September 7th 2007 and sent out our application in October, 2007. Were were stuck with USCIS for 1 and a half years until finallyl getting transferred to NVC in April, 2009. Well we are still waiting for an interview date and looks like it will be, at the earliest, in September. This is an application for a CR-1 yet we will have been married for over 2 years by the time the visa gets issued....if ever.

Does anyone know of a way to ask for a permanent residence instead of a conditional residence at this stage? NVC, USCIS or border patrol will not give a clear answer. After waiting all this time, we really would like to avoid having to run around and paying more exhorbitant fees after 2 years conditional residence to adjust status to permanent.

Any advice will be greatly appreciated.

Julie and Mike

Just take it easy, USCIS will issue you whatever their book says, there is nothing more important than family together. For what I learned, the two year mark will be decided at port of entry.

[Mike & Julie 0]

Also the IO has some discretion as to which GC to authorize. That's probably why no one can give you a definite answer.

The fee for removing conditions isn't so bad, $545. Much cheaper than the adjustment of status.

What is IO and GC, pardon my acronym ignorance.

I didn't know there was a difference between removing conditions and adjusting status....from what we understood it was going to cost us another 1000$ mininum in 2 years after entering the country. I'm glad to learn differently.

[Mike & Julie 0]

Never mind, I just figured it out. IO=immigration officer, GC=green card.

Thanks for your input!

[OBX 51]

If you have been married 2 years at the time of your POE, you will enter on a IR1 visa and receive a 10 year green card. You do not have to "Ask" for it. In addition when you are interviewing in Montreal you will most likely be asked when you were married (not that they don't have that information) but at that time they will note that you are eligible for a 10 year green card. So you will not have to remove conditions after 2 years and will not have to pay anymore $. You are definitely overdue for your visa, what a long wait you have had. Good luck.

Edited July 21, 2009 by OBX

[Mike & Julie 0]

If you have been married 2 years at the time of your POE, you will enter on a IR1 visa and receive a 10 year green card. You do not have to "Ask" for it. In addition when you are interviewing in Montreal you will most likely be asked when you were married (not that they don't have that information) but at that time they will note that you are eligible for a 10 year green card. So you will not have to remove conditions after 2 years and will not have to pay anymore $. You are definitely overdue for your visa, what a long wait you have had. Good luck.

Thanks OBX, it is encouraging to read your answer. I was hoping, after having to wait so long, that we would have somekind of benefit out of it.

[illnevergetthis 5]

They should automatically change it for you. I had been married longer than two years when the NVC received my paperwork, so all the paperwork they sent me had the IR-1 written on it. If you have reached the 2 year point when they issue your interview date, the interview letter should have preference category: IR1 Spouse of U.S. Citizen.

Good Luck!!!!!!!!