Lifting Conditions on CR1 Visa

[Jaret&Rachael 106]

My husband and I were married October 31st, 2017. I understand that if you are processed a spousal visa after your two year wedding anniversary, you are given a 10 year permanent residency green card /IR1 visa. 

However, if you are issued a spousal visa before your two year anniversary, you are given a CR1 visa and must apply to remove the conditions within 90 days of our 2 year marriage anniversary. If you do not, you risk deportation.

 

We are planning to submit our I-130 packet to the USCIS next week. It is currently late November of 2018, and we are 1 year, 1 month married. Looking at the processing times for the spousal visa, we are afraid that we are going to be issued our spousal visa before our 2nd wedding anniversary, but giving us less than 90 days to prepare to remove the conditions. 

 

Does the USCIS/ NVC/ Embassy look at how close you are to your marriage anniversary? Are there ways to delay the process (not filling out NVC forms or making payments right away), without causing huge delays? Is the NVC step time sensitive?

We really want to avoid being issued a CR1 visa, so we can avoid the extra stress of removing conditions, paying unnecessary filing fees, etc. We'd much rather wait a few months to be issued the IR1 immediately.

[NikLR 13,227]

Dont wait to submit the I-130. The determining factor for the IR1 vs CR1 is entry not submission of I-130 or even visa approval.  As long as you are married for 2 or more years upon entry you will get the 10 year green card. 

[NikLR 13,227]

The entire process takes about 14 months or so.  Plus the visa is valid for 6 months after medical date. 

[Thegirl 225]

I think you misunderstand removal of conditions. You remove conditions after you have been in the US for 2 years with your green card. 

 

But with regards to the CR1 vs IR1, if you haven't sent it off yet, you aren't likely to be issued before your second anniversary which is 11 months from now. The process takes at minimum 12 months (closer to 14 months). If by some miracle it speeds up early next year, yes, you can delay the process at NVC by waiting to submit your documents at that stage. The speed of that stage is pretty much determined by you, how fast you gather documents and complete the steps. Once you get approved and go to NVC you can drag it out by a year. If a year passes and NVC hasn't heard anything from you, they will assume you have abandoned your case. 

 

So the final answer is submit now, if you need to once you get your NOA2 you can slow down the process. Doubtful you will need to. 

[pushbrk 12,801]

Removal of conditions is to remove conditions on residency, not the visa.  Enter after two years of marriage and one is entitled to IR1 status, even if the visa is issued as CR1.  They often make mistakes on this but they can be corrected.