CR-1 visa instead of IR-1

[jabulani 1]

Hello All,

My husband and I have been married since Dec. 2007 but the visa he was granted shows CR1 instead of IR1. Has anyone had this experience before? What do I need to do to make sure he is a permanent resident and not a conditional one? He interviewed at the nairobi embassy and this is where the visa was granted. At the port of entry, the officer said he did not know why my husband was granted a conditional residence even though we had been married since 2007. Any insight is highly appreciated.

Thanks,

Jabulani

[Treva 3]

Hello All,

My husband and I have been married since Dec. 2007 but the visa he was granted shows CR1 instead of IR1. Has anyone had this experience before? What do I need to do to make sure he is a permanent resident and not a conditional one? He interviewed at the nairobi embassy and this is where the visa was granted. At the port of entry, the officer said he did not know why my husband was granted a conditional residence even though we had been married since 2007. Any insight is highly appreciated.

Thanks,

Jabulani

Hi there, and congratulations on your husband's visa. Did you do a search on this site? I think I got this info from VisaJourney (pasting from my notes)

"OK, I heard somewhere about conditional permanent residency...what the heck is it, and does it apply to me??

Due to immigration fraud, the CIS gives ALL immigrants by marriage a conditional permanent residency green card unless the couple has been married for over 2 years at the time of interview. The conditional permanent residency green card is valid for only 2 years from issuance (the day your passport is stamped by customs or CIS), and the couple must file an I-751 form to remove conditions 90 days before the 2 years is up, or the immigrant will lose his/her green card For more information on Removal of Conditions go here. "

I hope that helps!

[Jasontnyc 9]

I think the OP is saying they are married over two years so why the conditions?

[Ryan H 3,812]

Hello All,

My husband and I have been married since Dec. 2007 but the visa he was granted shows CR1 instead of IR1. Has anyone had this experience before? What do I need to do to make sure he is a permanent resident and not a conditional one? He interviewed at the nairobi embassy and this is where the visa was granted. At the port of entry, the officer said he did not know why my husband was granted a conditional residence even though we had been married since 2007. Any insight is highly appreciated.

Thanks,

Jabulani

Did the CBP officer grant him IR-1 status at the POE? If not, you can file a form I-90, pay no fee, and have a 10 year green card issued.

[jabulani 1]

Did the CBP officer grant him IR-1 status at the POE? If not, you can file a form I-90, pay no fee, and have a 10 year green card issued.

Hi,

Thanks for your response. The officer did not grant IR-1 at the POE he told us we could call USCIS as he was also wondering why they gave him a CR-1. The POE was in Atlanta. I will look into the I-90 form. Should we file it right away before he gets his green card? He got to the US 3 days ago.

Thanks.

[Ryan H 3,812]

I will look into the I-90 form. Should we file it right away before he gets his green card? He got to the US 3 days ago.

You will not be able to file the form I-90 until after the green card is received.

[jabulani 1]

Thank you for your response.

[ProudAfrican 5]

Hello All,

My husband and I have been married since Dec. 2007 but the visa he was granted shows CR1 instead of IR1. Has anyone had this experience before? What do I need to do to make sure he is a permanent resident and not a conditional one? He interviewed at the nairobi embassy and this is where the visa was granted. At the port of entry, the officer said he did not know why my husband was granted a conditional residence even though we had been married since 2007. Any insight is highly appreciated.

Thanks,

Jabulani

Hello and welcome to the States.Many people are going through this same kind of story on daily basis.Some let it be some want it fixed.Reading your post i understand your hubby was issued a CR1 visa, that is right because you 'might' apply to get him to the States few months after you were married which is less than 2 years...your visa preference was then Conditional relative.

If you were to petition on his behalf let's say after 2009,his visa preference would have been Immediate Relative.Now the visa was issued after 5 years and it is still Conditional visa...That's right because that the visa preference you applied for.

But the issue is the time he entered.He entered after 2 years of your marriage anniversary and automatically he should be admitted as Permanent Resident with an initial 10 years Green Card.

But this seems to be a confusion at port of entry.The POE officer admitted you as CR1 then you will probably receive a 2 years Green Card and then you can file for I 90 to have the mistake corrected and you would be directed to the nearest immigration support service center for fingerprints at $0.00 cost.You cannot do anything until you receive your green card.

I am sorry to tell you that you have to just bear with another delay so i will advise your husband to get his social security,his driver license and bank account before you send the card back to USCIS for replacement.

I came in the States under the same circumstance and i am still waiting for my 10 years Green Card.I entered in May and sent my I 90 and Green Card in July,had my fingerprint in August and still awaiting for the 10 years card.

NB:i am not a lawyer and and everything i said is based on my own experience and explanation i gather from the USCIS.

All the best and keep me in touch.Welcome to America

Edited October 7, 2012 by ProudAfrican