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Below are messages I sent to someone regarding what I did to get the card charged and what happened, I hope it helps.


"...I hope you did wait till after your second anniversary to enter the US, because then you'd be able to get your IR1. If you did wait and they still only let you have a CR1, you must wait till you get your greencard then contact USIS and get the information/form you need to get it changed to an IR1. Some of the staff with USIS will tell you that you are not, or will not be entitled to an IR1, but be persistant, because if you entered the US after your second anniversary then you are ENTITLED to an IR1. The extra work is worth it, as you won't have to deal with them for another 10 years if you get the IR1.."


To get my status changed from CR-1 to IR-1, I had to wait for my greencard and send that away with a completed I-90 form, which I got it from the USCIS website. I also sent a copy of my marriage certificate, with my alien number written on, so it wouldn't get lost and the letter I've copied below. It took 2 or 3 weeks for them to reply, they returned my marriage certificate and a letter saying they were processing my application and that there would be no fees to pay. Then it took just over a month for them to send me a letter for a biometrics appointment at my local field office, which was Milwaukee. I had to take the appointment letter and photo ID to the appointment, (the letter will tell you want to bring), they just took a photograph of me and fingerprints, there was no interview, the whole thing took 5 minutes from walking in the door to walking back out. Don't worry about being without your greencard for so long, I know it's difficult to part with it after waiting so long for it. But your CR-1 in your passport authorises you to work in the US for a year after the date you entered the country. It really is worth doing this to be free of USCIS for 10 years.


Below is the letter I sent with the I-90 form. The I-551 is the official name for a greencard. If you have any other questions or need any help, please feel free to message me anytime and I will help if I can.



<My Alien number>

<My name>

<My Address>


USCIS

ATTN: I-90

1820 Skyharbor, Circle S Floor 1

Phoenix,

AZ 85034




[10/16/2009]

Nature of the submission: I-90


To Whom It May Concern:

I believe my I-551 has been issued with the wrong data. My husband and I had been married for over two years when I entered the United States on an immigrant visa. As per Dept of State information:


“What Is Conditional Residence? If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.”


As we were married over two years at the time of entry I should have been issued an IR-1 instead of the CR-1. I have enclosed an original copy of our Marriage Certificate and the I-551 that I was previously issued. I would be grateful if you would give this matter your attention.

Many Thanks,

I-130

Met in the US: 2002

Married : 2007-08-03

I-130 Sent : 2007-08-13

I-130 NOA1 : 2007-09-26

Abandoned application and OH moved to the UK.

April 2009 starting all over again DCF this time.

Marriage : 2007-08-03

I-130 Sent : 2009-05-02

I-130 NOA1 : 2009-05-06 (no receipt received this is the date the money was taken from credit card)

RFE: 2009-06-02. Credit card receipts and dreaded RFE's.

RFE replied to: 2009-06-04. Hoping they have everything they need

NOA2 approved: 2009-06-11.

NOA2 received: 2009-06-15.

Packet 3 received: 2009-06-17.

Packet 3 returned: 2009-06-17.

Medical booked for July 13th.

Medical done, passed pending xray and blood tests.

July 13th: Still waiting for interview date...phoned DOS and they said everything is in order and we're eligible for an interview and to be patient...back to waiting.

Called DOS again 17th July, they said we have an interview date whoop!!

Interview: July 29th (hubby's birthday) WOOHOO!! Visa approved

SMS message 31st July saying visa will be delivered on Monday.

August 1st: Visa here!!!! whoop whoop!

So much left to do...but the worst is over :)

September 14th: POE Chicago

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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