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CR1 to IR1 at POE, where is it actually written?

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Hello,

This topic has been clarified and reclarified to death on this board. I know that, even if you have a CR1 visa, if you enter the US after your two year anniversary you can get an IR1 status stamp on your passport. Many people have said this and I know it's true because it's what we did :-P

My question is where in the law/regulations/guidelines/etc is this specifically written? I can't find it on the USCIS website.

I ask because we were given the IR1 stamp at entry after explaining/demonstrating to the POE officials, but now several months later in the mail we were issued at a 2 yr conditional GC. I'm scheduling an infopass appointment to get it fixed but I've already bumped into a USCIS official that doesn't know about this. I'd love to have something written somewhere that I can quote.

Any help would be appreciated.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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 USCIS to remove the conditional status within the ninety days before the two year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

From http://travel.state.gov/visa/immigrants/types/types_2991.html

Took me a few minutes to find hehe

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

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~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

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Filed: IR-5 Country: India
Timeline

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 USCIS to remove the conditional status within the ninety days before the two year anniversary of your spouse's entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

From http://travel.state....types_2991.html

Took me a few minutes to find hehe

:thumbs:

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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Hello,

This topic has been clarified and reclarified to death on this board. I know that, even if you have a CR1 visa, if you enter the US after your two year anniversary you can get an IR1 status stamp on your passport. Many people have said this and I know it's true because it's what we did :-P

My question is where in the law/regulations/guidelines/etc is this specifically written? I can't find it on the USCIS website.

I ask because we were given the IR1 stamp at entry after explaining/demonstrating to the POE officials, but now several months later in the mail we were issued at a 2 yr conditional GC. I'm scheduling an infopass appointment to get it fixed but I've already bumped into a USCIS official that doesn't know about this. I'd love to have something written somewhere that I can quote.

Any help would be appreciated.

I found what you are looking for on Dept of State's website:

It states that "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 USCIS to remove the conditional status within the ninety days before the two year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

Hope this helps you. :thumbs:

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 USCIS to remove the conditional status within the ninety days before the two year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

From http://travel.state.gov/visa/immigrants/types/types_2991.html

Took me a few minutes to find hehe

:thumbs:

NATURALIZATION
02/15/13 - Mailed N-400
02/19/13 - Received by Phoenix Lockbox (day 01)
02/21/13 - NOA1 issued (day 03)


REMOVAL OF CONDITIONS (WIFE)
02/18/12 - Eligible for Removal of Conditions on Residence
03/23/12 - Mailed I-751 to CSC
03/26/12 - Received by CSC (day 01)
03/31/12 - Received NOA1 (day 06)
05/02/12 - Biometrics done (day 38)
10/23/12 - Received approval email (day 212)
11/01/12 - Received green card (day 221)


IR-2 (STEPDAUGHTER)
06/01/10 - Mailed I-130 petition
06/03/10 - Package delivered to USCIS (day 01)
06/08/10 - NOA1 issued (day 06)
11/03/10 - Received approval email (day 154)
11/08/10 - Received approval notice in mail (day 159)


NATIONAL VISA CENTER (STEPDAUGHTER)
11/08/10 - NVC received case from USCIS
11/09/10 - NVC case # & IIN generated, email addresses given, DS-3032 sent via email & USPS (day 01)
11/16/10 - Received and paid AOS bill (day 08)
11/17/10 - AOS bill marked as PAID; AOS packet express mailed (day 09)
11/19/10 - Received and paid IV bill; DS-3032 accepted (day 11)
11/22/10 - IV bill marked as PAID; IV packet express mailed (day 14)
12/03/10 - Sign-in failed (day 25)
12/09/10 - INTERVIEW SCHEDULED FOR JANUARY 10, 2011 @ 6:45AM
12/28/10 - Medical exam done at SLEC Manila - PASSED! (day 40)
01/10/11 - Interview at USEM Manila - APPROVED! (day 53)
01/21/11 - Stepdaughter received passport with IR-2 visa! (day 64)

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we sent off our I-130 a couple of months before our 2year wedding anniversary which was july 2010 I noticed on our NVC coversheets they said IR-1 at the bottom so I assumed hopefully they know that we are now IR-1.

How your's was mixed up I wouldn't know without more info about the dates since you dont have a timeline or signature listed dates.

07-28-08 Married.

USCIS

05-04-10 Packet I-130 mailed.

05-06-10 Packet I-130 Arrived.

05-11-10 Packet I-130 Received by USCIS.

05-13-10 Touched.

05-17-10 NOA 1 Hardcopy Received.

11-03-10 Touched. Approved.

11-22-10 NOA2 hardcopy received.

NVC

11-04-10 DS-3032, I-864 Bill received.

11-04-10 E-mailed DS-3032.

11-05-10 DS-3032 Received.

11-04-10 AOS Bill paid.

11-05-10 IV Bill paid.

11-13-10 Sent IV and AOS.

11-15-10 IV and AOS Received.

11-30-10 IV and AOS in NVC system.

12-10-10 RFE.

12-11-10 Sent requested documents.

12-13-10 Documents arrived @ NVC.

01-10-11 Case complete at NVC.

Consulate

02-09-11 Husbands Medical Exam.

02-14-11 Interview. Approved.

5-14-11 POE

(Join the conversation! :) )

May 2010 CR-1/IR-1 Filers Thread

“Love is patient, love is kind, it does not envy, it does not boast, it is not proud. It is not rude, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil, but rejoices in truth. It always protects, always trusts, always hopes, always perseveres.” (Corinthians 13:4-7)

event.png

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Filed: Other Country: China
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Hello,

This topic has been clarified and reclarified to death on this board. I know that, even if you have a CR1 visa, if you enter the US after your two year anniversary you can get an IR1 status stamp on your passport. Many people have said this and I know it's true because it's what we did :-P

My question is where in the law/regulations/guidelines/etc is this specifically written? I can't find it on the USCIS website.

I ask because we were given the IR1 stamp at entry after explaining/demonstrating to the POE officials, but now several months later in the mail we were issued at a 2 yr conditional GC. I'm scheduling an infopass appointment to get it fixed but I've already bumped into a USCIS official that doesn't know about this. I'd love to have something written somewhere that I can quote.

Any help would be appreciated.

File the I-90 and the people who get it will understand how to correct the mistake.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Hello,

This topic has been clarified and reclarified to death on this board. I know that, even if you have a CR1 visa, if you enter the US after your two year anniversary you can get an IR1 status stamp on your passport. Many people have said this and I know it's true because it's what we did :-P

My question is where in the law/regulations/guidelines/etc is this specifically written? I can't find it on the USCIS website.

I ask because we were given the IR1 stamp at entry after explaining/demonstrating to the POE officials, but now several months later in the mail we were issued at a 2 yr conditional GC. I'm scheduling an infopass appointment to get it fixed but I've already bumped into a USCIS official that doesn't know about this. I'd love to have something written somewhere that I can quote.

Any help would be appreciated.

you waited 7 months to receive your Green card?

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

age.png

age.png

event.png

~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

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Filed: IR-5 Country: India
Timeline

Thanks for the DOS reference.

So do you think I should just skip the infopass and file an I-90? I'd be game for that too

Fill I-90 and take it for the Infopass.

You need to tell them it is the USCIS error. So, the fee will be waived.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

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