Interview and 2nd anniversary

[Yull 0]

Hello VJ,

here's my situation.

I am scheduled for an interview in March and hopefully I will be granted the CR-1 visa.

But in April, 2006, it will be our second anniversary. Maybe I'm too naive, but is there a way to qualify me as a non-conditional resident without the adjustment of status by just postponing my interview?

Apparentely, I can't just ask them to reschedule my interview... Though it seems so easy - just to change my interview date ... They warned us that if there're recent wounds on my index fingers, we should let them know and reschedule the interview date... So they admit that technically the interview can be rescheduled, right? Is there's something that can be done about my case, except for cutting my fingers ?

Are there some documents that need to be filled out in order to change my status?

My last question is - what is the period within which one must enter the US with a non-conditional GC? Is it still 6 months like for the CR-1 visa?

Thank you in advance,

Yulia

[aussiewench 9]

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 CR ( conditional resident ) visa, not an IR ( immediate relative ) visa.

From the above, if when you enter the US on your immigrant visa you have been married more then two years you will be granted permanent residency not conditional. It is date of entry.....not date of issuance of visa so there would be no need to reschedule the interview.

To my knowledge you still have to enter within 6 months.

Edited March 11, 2006 by aussiewench

[Yull 0]

Aussiewench, thank you very much for your prompt reply!

Could you please share the source of your quoted statement -

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.”

My understanding was that it's the date of the interview, that's why my question arose...

Ah, here

http://uscis.gov/graphics/howdoi/spouselive.htm

Conditional Residence

If you have been married less than two years when your spouse is granted lawful permanent resident status, your spouse will receive permanent resident status on a conditional basis. You and your spouse must apply together to remove the conditions on residence.

When am I officially granted my LPR status? At the port of entry? Or when my CR-1 visa is issued? Or when my passport's stamped at the port-of-entry?

Any ideas?

TIA,

Yulia

PS, sorry if my questions are too stupid (

[aussiewench 9]

The source of the above was from

http://travel.state.gov/visa/immigrants/types/types_1315.html

There is also this.....

9 FAM 42.63 PN6 NOTICE OF “CONDITIONAL STATUS” (TL:VISA-397; 04-17-2002) Aliens normally entitled to IR-1; IR-2; F21; F22; F23; F24; F25; F31; F32; or F33 classification will be granted “conditional status” (C21; C22: CX1; CX2; CX3; C24 or C25, respectively) at the time of visa issuance if the basis for immigration is a marriage to a petitioner which was entered into less than two year prior to the applicant’s admission to the United States as an immigrant. (See 9 FAM 42.73 Procedural Notes.) All information packages for applicants in these categories should include a notice of conditional status. The text of the notice is to be verbatim as follows:

“If, at the time of admission to the United States you will not have celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under the provision, you will be granted conditional permanent residence by an officer of the Immigration and Naturalization Service at the time of your admission to the United States. As a result, you and your spouse must file a joint petition with the Immigration and Naturalization Service to have the conditional status removed. The petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent residence status will be terminated automatically and you will be subject to deportation from the United States.”

http://foia.state.gov/masterdocs/09FAM/0942063PN.PDF

Edited March 11, 2006 by aussiewench

[Yull 0]

Aussiewench,

thanks for your help and time!

All the best to you!

[jennieh 0]

I dont get it IR means Immediate Relative??? Whats the point in the classification of that visa type? I mean your husband or wife is an immediate relative so why have two different names? What if this by the time we get his interview it will be close to our two year anniversary. And he will come in July most likely but what if its almost our two years but not quite? Which type do you get? Or is it still CR-1? I bet I sound confusing! Sorry!

[aussiewench 9]

I dont get it IR means Immediate Relative??? Whats the point in the classification of that visa type? I mean your husband or wife is an immediate relative so why have two different names? What if this by the time we get his interview it will be close to our two year anniversary. And he will come in July most likely but what if its almost our two years but not quite? Which type do you get? Or is it still CR-1? I bet I sound confusing! Sorry!

The actual visa's are exactly the same....both for immediate relatives, one just has the conditional tag.

It does't matter if your entry to US is one day or a year before your 2 years of marriage, you will still be classified as a Conditional Permanent Resident. Once you hit that 2 yrs you are classified Permanent Resident. If you look at it as just being exactly the same visa which has different result on entry to the US it makes it easier to understand.

Edited March 13, 2006 by aussiewench

[babybunny 2]

let me add something to what aussie is saying.

CR1 ...transforms when you reach the point of entry. so

that CR1 is a whole new animal. Perm resident< PR>

now that you have touched USA soil the PR is broken down in 2 classes.

married less than 2 years and the married over 2 years.

CR1= transforms and becomes Conditional Permanent Resident i married less than 2 years.

or the CR1= transforms to Permanent Resident if married over 2 years.

there i have tried to explain it in simple terms.

[Yull 0]

let me add something to what aussie is saying.

CR1 ...transforms when you reach the point of entry. so

that CR1 is a whole new animal. Perm resident< PR>

now that you have touched USA soil the PR is broken down in 2 classes.

married less than 2 years and the married over 2 years.

CR1= transforms and becomes Conditional Permanent Resident i married less than 2 years.

or the CR1= transforms to Permanent Resident if married over 2 years.

there i have tried to explain it in simple terms.

That's really good news in my case.

So if I wait and enter the country after my second anniversary - I will be granted a non-conditional status, is it correct?

I had my interview yesterday... It all went very smoothly but none of my questions (re: this 2-year period) were answered by the Consular. Unfortunately, people were less knowledgeable than I expected them to be .

[YamSam 0]

That's really good news in my case.

So if I wait and enter the country after my second anniversary - I will be granted a non-conditional status, is it correct?

I had my interview yesterday... It all went very smoothly but none of my questions (re: this 2-year period) were answered by the Consular. Unfortunately, people were less knowledgeable than I expected them to be .

Yup. that's right... If you enter the country after your 2nd anniversary, they will give you permenent residnent card.

Congrats for a successful interview..

YamSam

[meauxna 15]

So if I wait and enter the country after my second anniversary - I will be granted a non-conditional status, is it correct?

I had my interview yesterday... It all went very smoothly but none of my questions (re: this 2-year period) were answered by the Consular. Unfortunately, people were less knowledgeable than I expected them to be .

They were less knowledgeable than you expected? It might help you to know that the status the USCIS (a totally different agency) bestows upon you at entry is not listed in the Consulate's rules, guidelines or paperwork. It's sort of like asking a Burger King employee what is in the McHappyMeal.

If you've been married +2 years at entry to the US, and you hold an Immigrant Visa (CR or IR) you are entitled to the IR status. You should get familiar with this rule and be prepared to defend it (with evidence) at the POE if this is important to you. It will be your repsonsibility to be admitted "correctly". I suggest you be polite and gentle if you confuse the officers temporarily.

Congrats on your successful (?) interview.

[Yull 0]

They were less knowledgeable than you expected? It might help you to know that the status the USCIS (a totally different agency) bestows upon you at entry is not listed in the Consulate's rules, guidelines or paperwork. It's sort of like asking a Burger King employee what is in the McHappyMeal.

If you've been married +2 years at entry to the US, and you hold an Immigrant Visa (CR or IR) you are entitled to the IR status. You should get familiar with this rule and be prepared to defend it (with evidence) at the POE if this is important to you. It will be your repsonsibility to be admitted "correctly". I suggest you be polite and gentle if you confuse the officers temporarily.

Congrats on your successful (?) interview.

Thanks for your input,

those are almost exact words of my interviewer, when she referred me to the www.DHS.gov...

Now which officers will I need to 'defend my status' from at the POE?

[meauxna 15]

They were less knowledgeable than you expected? It might help you to know that the status the USCIS (a totally different agency) bestows upon you at entry is not listed in the Consulate's rules, guidelines or paperwork. It's sort of like asking a Burger King employee what is in the McHappyMeal.

If you've been married +2 years at entry to the US, and you hold an Immigrant Visa (CR or IR) you are entitled to the IR status. You should get familiar with this rule and be prepared to defend it (with evidence) at the POE if this is important to you. It will be your repsonsibility to be admitted "correctly". I suggest you be polite and gentle if you confuse the officers temporarily.

Congrats on your successful (?) interview.

Thanks for your input,

those are almost exact words of my interviewer, when she referred me to the www.DHS.gov...

Now which officers will I need to 'defend my status' from at the POE?

CPB is the agency in charge of the borders and POEs; they are part of the Dept of Homeland Security ("DHS").

I'm not saying land there spoiling for a fight; I'm saying know the information, have proof of your wedding anniversary, and make sure you are entered as IR before you leave the airport. It will be much easier to handle then and there than later on.

The uscis.gov page on Removing Conditions might have the relevant portions of the law linked to it, if you want to do some digging and reading.

[Yull 0]

Guys, thank you all for your help and encouragement.

I am really happy I've finally found VJ