IR-1/CR-1 Valid Year to Gain Citizenship

[themudd 0]

Hello Everyone,

My wife and I are ready to begin the process for her to come to the US as a Resident. Im learning, little by little, the difference between a IR-1 and a CR-1. I understand that an IR-1 is good for 10 years and a CR-1 is good for just 2.

Now here is my question:

Because my wife is married to me, a US Citizen, she would need to wait for 3 year before she can apply for Citizenship.

Does the 2 years with a CR-1 count for 2 of these 3 years, or is it 3 years with an IR-1 visa only and ? Is living in the US as a Non Permanent Resident (CR-1) considered part of the time required to later apply for citizenship?

Thanks everyone!

Lee

[LotofPatience 65]

Hello Everyone,

My wife and I are ready to begin the process for her to come to the US as a Resident. Im learning, little by little, the difference between a IR-1 and a CR-1. I understand that an IR-1 is good for 10 years and a CR-1 is good for just 2.

Now here is my question:

Because my wife is married to me, a US Citizen, she would need to wait for 3 year before she can apply for Citizenship.

Does the 2 years with a CR-1 count for 2 of these 3 years, or is it 3 years with an IR-1 visa only and ? Is living in the US as a Non Permanent Resident (CR-1) considered part of the time required to later apply for citizenship?

Thanks everyone!

Lee

CR1 is NOT a non-permanent resident. It is Conditional Permanent Resident.

To get US citizenship, therefore, 3 years from the POE for family based categories. You can apply in 2 years and 9 months after POE.

Loto

[inloveVEN 46]

Yes, cr-1 makes you a condirional legal permanet resident, the only difference is that you need to removenthe conditional status. You can find thisninformation in http://www.uscis.gov/portal/site/uscis

So after the date that appear in th GC you count 2 years and 9 month to start the naturalization process

Edited October 8, 2010 by inloveVEN

[Darnell 8,479]

Suggest you review all, at this topic -->

http://www.visajourney.com/forums/topic/269343-when-to-apply-for-citizenship/

Good Luck !

[Brother Hesekiel 2,236]

Mudd,

you have no influence on this.

If you are married for less than 2 years, your wife will enter the US as an CR-1 and will get a 2-year Green Card.

If you are married for 2 years or more, your wife will enter the US as an IR-1 and will get a 10-year Green Card.

If you guys stay together, she can become a US citizen 3 years after becoming a LPR (Green Card Holder)

The clock for this starts ticking when she sets foot on US soil.

Therefore the only influence you have is to wait until you are married for 2 years until she comes over to the US and becomes an LPR. But, at the same time, this would mean she has to wait longer in order to become a US citizen.

Edited October 9, 2010 by Just Bob

[CanadianRedneck 8]

Odd..you would think that if you're married longer..logic would dictate that you get your citizenship quicker..dealing with your pain in the #### Yank longer should give you citizenship quicker, lol

love you Christy, if you're reading this, lol

[Matt and Evieve 1]

CR1 is NOT a non-permanent resident. It is Conditional Permanent Resident.

To get US citizenship, therefore, 3 years from the POE for family based categories. You can apply in 2 years and 9 months after POE.

Loto

Great!

But what if, within 3 years, the visa holder decided to take a vacation in her country? Is that possible? This 3 years count won't be affected?

[Ryan H 3,828]

Great!

But what if, within 3 years, the visa holder decided to take a vacation in her country? Is that possible? This 3 years count won't be affected?

A vacation would not affect the count.

[VanessaTony 3,567]

First. Have a look at the GC. There is a date called "resident since" and THAT is the date the count starts at.

ROC MUST be done in the 90 days before the 2 year anniversary of that date (which should be the expiry date on the conditional card).. but Naturalization has no "must be done by" date. You simply become eligible in the 90 days preceding the 3 year anniversary of being an LPR. If you wait 10 years, 40 years whatever, you've been eligible since the 90 days before the 3 year anniversary (that is as long as you're still married to the USC). If you're not married to the petitioning USC at the 90 days before 3 year anniversary, you must wait until 90 days before the 5 year anniversary.

ALL visits outside the US MUST be recorded and accounted for on the N-400. If you are outside the US for more than 6 months, but less than 12 months then your naturalisation clock is paused. If you are outside the US for more than 12 months (you'd need a re-entry permit) your naturalisation clock is completely reset back to zero. It's also important to remember that ANY visit outside the US over 6 months CAN be used by CBP to determine whether you have abandoned LPR status. Any length under this cannot be used against you.

For example. I am outside the US currently and have been since 1 Sept 2010. I will return 5th Nov 2010. This period MUST be written in my N-400 when I apply for citizenship but because it was less than 6 months I don't need to worry about risking my status, and I don't need to worry about my naturalisation clock.

Hope that makes sense.

Best of luck

** moved from "IR-1/CR-1 Process & Procedures" to General Immigration Related Discussion as this isn't a question about the IR1/CR1 process but a general Immigration "question"/need for definition**

Edited October 9, 2010 by Vanessa&Tony

[Matt and Evieve 1]

First. Have a look at the GC. There is a date called "resident since" and THAT is the date the count starts at.

ROC MUST be done in the 90 days before the 2 year anniversary of that date (which should be the expiry date on the conditional card).. but Naturalization has no "must be done by" date. You simply become eligible in the 90 days preceding the 3 year anniversary of being an LPR. If you wait 10 years, 40 years whatever, you've been eligible since the 90 days before the 3 year anniversary (that is as long as you're still married to the USC). If you're not married to the petitioning USC at the 90 days before 3 year anniversary, you must wait until 90 days before the 5 year anniversary.

ALL visits outside the US MUST be recorded and accounted for on the N-400. If you are outside the US for more than 6 months, but less than 12 months then your naturalisation clock is paused. If you are outside the US for more than 12 months (you'd need a re-entry permit) your naturalisation clock is completely reset back to zero. It's also important to remember that ANY visit outside the US over 6 months CAN be used by CBP to determine whether you have abandoned LPR status. Any length under this cannot be used against you.

For example. I am outside the US currently and have been since 1 Sept 2010. I will return 5th Nov 2010. This period MUST be written in my N-400 when I apply for citizenship but because it was less than 6 months I don't need to worry about risking my status, and I don't need to worry about my naturalisation clock.

Hope that makes sense.

Best of luck

** moved from "IR-1/CR-1 Process & Procedures" to General Immigration Related Discussion as this isn't a question about the IR1/CR1 process but a general Immigration "question"/need for definition**

Very informative! Thank you!

[Sweetfruits 4]

Very helpful answer

[TBoneTX 45,998]

This 4.5-year-old thread is now closed to further comments.