Permanent residency vs conditonal residence?

[SimranS 9]

Hi,

My husband is interviewing for CR1 at New Delhi on May 3. Our 2nd marriage anniversary is July 23. If we choose to enter the USA a few days after our anniversary, what are the chances of him being issued a permanent green card instead of the conditional one? Since all his documents will be for the CR1, will the USCIS staff actually go and look up our wedding date to decide what card to send us?

Thanks.

[Brother Hesekiel 2,236]

What a great question to answer on April 1st.

If your interview is in May, the approval will most likely be before your 2nd. wedding anniversary. This, he will, as interviewed for the CR-1, get a 2-year GC upon arrival.

What counts is the date the CR-1 is approved, not the date he enters the US. So the CR-1 will not magically turn into an IR-1 if you wait long enough.

[milimelo 4,481]

What a great question to answer on April 1st.

If your interview is in May, the approval will most likely be before your 2nd. wedding anniversary. This, he will, as interviewed for the CR-1, get a 2-year GC upon arrival.

What counts is the date the CR-1 is approved, not the date he enters the US. So the CR-1 will not magically turn into an IR-1 if you wait long enough.

Wrong. If he enters on or after the second wedding anniversary they can ask for it to be coded as IR1 or if the POE won't do it, they can make an Infopass to change it to 10-year one. They have to show the marriage certificate as proof and that's it.

From Dept of State:

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?

card (green card). See How Do I Remove the Conditions on Permanent Residence Based on Marriage?

[pushbrk 12,892]

What a great question to answer on April 1st.

If your interview is in May, the approval will most likely be before your 2nd. wedding anniversary. This, he will, as interviewed for the CR-1, get a 2-year GC upon arrival.

What counts is the date the CR-1 is approved, not the date he enters the US. So the CR-1 will not magically turn into an IR-1 if you wait long enough.

Dead wrong as already indicated. It's the entry date that rules. The status is granted at entry not at visa issue. When status is granted after the two year anniversary, the immigrant is entitled to full LPR status and a ten year card. We talk about this quite a lot actually. Surprised you missed it. Were you playing an April fools joke by chance?

[ohlpomr 0]

I think Just Bob was trying to play a joke?

...

[john_and_marlene 162]

I've said it before--sometimes Bob is just wrong and sometimes just Bob is wrong.

[pushbrk 12,892]

I think Just Bob was trying to play a joke?

...

Perhaps, but if so, the upper forums are not the place to do it.

CR1 and IR1 are both visa categories and immigration status. A CR1 visa holder is entitled to and will receive IR1 status if their initial entry to the USA is after the second anniversary of their legal marriage. Sometimes USCIS fails to do so but the mistake can be corrected. The CR1 printed on the visa doesn't magically change but the IR1 automatically appears on the green card itself.

My wife adjusted from K3 but we waited to file in order to avoid removing conditions. At the time, we expected to be spending a lot of time outside the USA about the time ROC would come around, so we elected to avoid it.

Edited April 2, 2010 by pushbrk

[KenN 0]

Perhaps, but if so, the upper forums are not the place to do it.

CR1 and IR1 are both visa categories and immigration status. A CR1 visa holder is entitled to and will receive IR1 status if their initial entry to the USA is after the second anniversary of their legal marriage. Sometimes USCIS fails to do so but the mistake can be corrected. The CR1 printed on the visa doesn't magically change but the IR1 automatically appears on the green card itself.

My wife adjusted from K3 but we waited to file in order to avoid removing conditions. At the time, we expected to be spending a lot of time outside the USA about the time ROC would come around, so we elected to avoid it.

So we're gonna receive 10 years green card if we entry US after our second anniversary, even though we have CR1 visa. Are they gonna send it (10 yrs green card) automatically? or we have to inform them to adjust that? (USCIS or at POE?)

[pushbrk 12,892]

So we're gonna receive 10 years green card if we entry US after our second anniversary, even though we have CR1 visa. Are they gonna send it (10 yrs green card) automatically? or we have to inform them to adjust that? (USCIS or at POE?)

I would ask the CBP officer to note the circumstance at entry. Then, if they issue the wrong card, have them correct it. We're discussing what you are entitled to. There's no way to guarantee they'll get it right the first time. Help them as you can.

[KenN 0]

Thanks Pushbrk