CR1 changing into IR1 and Citizenship?

[firebird00 66]

Hi everyone,

I am asking for a friend. He got married to a US citizen in January 2014 and filed by April 2014 he had his interview in the embassy at March 2016 and they asked for extra documents. This April it will be 2 years since they got married and filed the CR-1 but technically they are qualified for IR-1 now since they are married for over than 2 years.

So what will happen in this case will he receive a 10 years GC when he arrives in the US instead of the 2 years conditional GC?

Will he be able to apply for the citizenship next year under the 3 years rule? knowing that he is still outside the US and his visa is not yet approved.

Does he have to spend 3 years IN THE US having his 10 years GC married to same US spouse to be able to file N-400?

Thanks

Edited April 7, 2016 by firebird00

[milimelo 4,481]

He'll get 10 yr GC if he enters after the 2nd anniversary of marriage.

He is not eligible for naturalization next year as he has to be an LPR for 3 years and married for the same USC for 3 (+) years. Yes, he needs to live in the US - PERMANENT is the important word in LPR.

[rutabaga 209]

Hi everyone,

I am asking for a friend. He got married to a US citizen in January 2014 and filed by April 2014 he had his interview in the embassy at March 2016 and they asked for extra documents. This April it will be 2 years since they got married and filed the CR-1 but technically they are qualified for IR-1 now since they are married for over than 2 years.

If he's been married for 2 years at the time the visa is issued, he should get an IR1 in the first place. Regardless, the answer is yes--he can be admitted as IR1 even if he has a CR1 in his passport if he's been married for 2+ years at the time he enters the country (but that's something he should point out to the officer admitting him at POE just to be sure).

So what will happen in this case will he receive a 10 years GC when he arrives in the US instead of the 2 years conditional GC?

Yes.

Will he be able to apply for the citizenship next year under the 3 years rule? knowing that he is still outside the US and his visa is not yet approved.

The 3 years refer to the amount of time he's been a permanent resident and residing in the US, not the amount of time he's been married, so no.

Does he have to spend 3 years IN THE US having his 10 years GC married to same US spouse to be able to file N-400?

Yes, in the sense that he needs to maintain his residence in the US for the duration of the 3 years. With regards to the amount of those 3 years he needs to be physically present in the US, see here. He also needs to be married to the same spouse AFAIK to naturalize in 3 years instead of 5.

Thanks

Answers above in bold & red.

Edited April 7, 2016 by rutabaga

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion; multiple processes are discussed in this topic and topic is not a case status update.