IR/CR1 visa holder

[sweetee 0]

Hi all,

My friend, whom is USC is married to a non-citizen. He has finally got an approval for the visa & have arrived in the U.S. after being put on AR for almost 3yrs. He arrived 2wks ago. However they have been married now for almost 5yrs. She filed the IR/CR1 and she thinks that he will automatically be issued a 10yr card without filing the paperwork. I told her I think she has to file the I-751 to remove conditions and she insists on telling me that she doesn't b/c they already paid like over $500 for the CR1. Am I correct in telling her to file the I-751 or is it that she is correct in her assumption? Your input is very much needed on this.

Thanks,

Michele aka "Sweetee"

[Yodrak 7]

sweetee,

If the marriage is 2 or more years old at the time LPR status is granted then the status is without conditions.

Sometimes a mistake is made at the POE or by the USCIS, and a conditional green card is issued when it shouldn't be or vice versa. But an error does not change the law, a form I-90 should be submitted to correct the error if an incorrect green card is issued.

Yodrak

Hi all,

My friend, whom is USC is married to a non-citizen. He has finally got an approval for the visa & have arrived in the U.S. after being put on AR for almost 3yrs. He arrived 2wks ago. However they have been married now for almost 5yrs. She filed the IR/CR1 and she thinks that he will automatically be issued a 10yr card without filing the paperwork. I told her I think she has to file the I-751 to remove conditions and she insists on telling me that she doesn't b/c they already paid like over $500 for the CR1. Am I correct in telling her to file the I-751 or is it that she is correct in her assumption? Your input is very much needed on this.

Thanks,

Michele aka "Sweetee"