Is CR-1 to IR-1 possible in Montreal?

[Lenie7 0]

My husband's visa was denied for lack of domicile in November and we will be sending proof of domicile probably at the end of January or sometime in February. We initially filed for a CR-1 because we were married for less than two years, but at that time, we didn't think the process would take so long. With the long delays in Montreal and our 2 year anniversary coming up in April, I was wondering if it might be worth it to wait until the end of February to turn in evidence and ask them if they could wait until after our anniversary and issue an IR-1 rather than a CR-1. Has anyone had the experience of doing this? It seems like a waste to get a CR-1 when we are going to be within weeks of our 2nd anniversary.

Also, a couple of the police certs will expire at the end of March, but they are for places where my husband hasn't lived for years. Does that matter?

[trailmix 77]

I don't know about the police certificates - I mean he has already had the interview and basically they are just waiting for further info, it shouldn't be an issue but you could email to see if you want to confirm.

As for the CR1 vs IR1 issue, you could wait until April to submit your evidence - however I believe the actual residency can be judged at the POE, it you go to use your visa at the border and they mark you as IR1 instead of CR1. Again, I would double check this with Montreal. (as in, I don't know that you have to wait with your new evidence, you could submit that, get approved and then wait to cross the border after your anniversary)

Good luck and let us know what you find out

Edited December 14, 2009 by trailmix

[Lenie7 0]

Thanks, Trailmix. I'll check into it. I really can't wait for all of this to be over!

I don't know about the police certificates - I mean he has already had the interview and basically they are just waiting for further info, it shouldn't be an issue but you could email to see if you want to confirm.

As for the CR1 vs IR1 issue, you could wait until April to submit your evidence - however I believe the actual residency can be judged at the POE, it you go to use your visa at the border and they mark you as IR1 instead of CR1. Again, I would double check this with Montreal. (as in, I don't know that you have to wait with your new evidence, you could submit that, get approved and then wait to cross the border after your anniversary)

Good luck and let us know what you find out

[Lenie7 0]

You're right, Trailmix. I found this on the State Dept. website:

"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.

You and your spouse must apply together to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See How Do I Remove the Conditions on Permanent Residence Based on Marriage?"

The determination of whether it is conditional is based on when my spouse enters the U.S., rather than the visa itself. It will be worth it to wait if we can avoid having to remove conditions in the future. I figure that he probably won't get the visa in hand until mid-March, so it's worth it to wait.

[trailmix 77]

Well it's nice that at least something good can come out of all this hassle

[Flames9_RN 358]

There have been at least 1--that initially had the cr-1, and by the time they entered the USA, it was past their 2 yr wedding anniversary, BUT they only got the CR-1! As were all aware, lot of POE's are clueless, so one should not count on them to do the right thing!!

" You and your spouse must apply together to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See How Do I Remove the Conditions on Permanent Residence Based on Marriage?""

The above is associated with the CR-1, done by filling out the I-751. One has already been in the USA during this period, and goes by the EXPIRATION date on ur green card(it relates to the day you entered the USA and activated the visa), nothing to do with amount of time you have been married!

[Lenie7 0]

I will plan to have him bring the printed page from the State Dept. about the IR1 and our certified marriage certificate. Hopefully, we'll get someone who either knows the policy or at least someone willing to listen. It can't hurt to try, either way, but that's too bad that others have had a bad experience.

If we can avoid anything immigration related for 10 years, I would be so happy!

[christeen 966]

Yes, I would definetly make it a point to point it out to them that it is over the 2 year mark,otherwise they might not notice...

[Flames9_RN 358]

Yep, bring the paperwork with ya! But the I-751 is very easy!! But it costs $$$$, so if ya can get the IR-1, its the way to go! Spend the $$$ on a holiday, vice giving it to the Gov't!!