Avoiding Conditional Green Card

[Visa14 0]

My wife was just approved for a immigration visa (CR1) and we are making plans to enter the US. Our 2nd year anniversary will be in about 50 days. Does it make sense to wait until after our 2nd anniversary to enter the US so that she will not receive a conditional green card? Are my assumptions correct on how this works? OR she will still get a conditional green card because the visa on her passport is CR1?

 

 

[Crazy Cat 41,886]

Yes, imo, it is worth waiting until you have been married for 2 years to enter.  My wife entered the United States only 30 prior to our 2nd anniversary.  We, both, wish she had waited.  if you have been married 2 years or longer WHEN SHE ENTERS THE US, she should receive a 10 year card.......regardless of what the visa says. 

Edited June 3, 2021 by Lucky Cat

[mushroomspore 3,044]

9 minutes ago, Visa14 said:

My wife was just approved for a immigration visa (CR1) and we are making plans to enter the US. Our 2nd year anniversary will be in about 50 days. Does it make sense to wait until after our 2nd anniversary to enter the US so that she will not receive a conditional green card? Are my assumptions correct on how this works? OR she will still get a conditional green card because the visa on her passport is CR1?

 

 

Omg yes, if she is able to enter AFTER your guys' 2-year marriage anniversary, then just do it to get the 10-year green card. CBP will convert it to IR-1 but make sure she gets confirmation from them that they changed it. Removal of Conditions is extremely annoying (I personally think they should get rid of it altogether or increase manpower to process the cases faster somehow). Avoiding ROC will also save you guys the fee.

[Crazy Cat 41,886]

1 minute ago, mushroomspore said:

(I personally think they should get rid of it altogether or increase manpower to process the cases faster somehow).

Agree 100%.  In reality, only a very small percent of I-751s are actually denied.  They should eliminate the 2 year green card.

[JeanneAdil 6,510]

yes,  if you can,  wait but look at when the medical was done as that is the marker for when the visa expires

 

Conratulations

[arken 4,197]

I'd also highly recommend to enter US after 2nd year anniversary unless you are restricted by visa validity. You don't have to worry about ROC at all.

[Dashinka 24,512]

If the 2nd anniversary is as close as 50 days from the issue date of the visa, I would also recommend waiting for the anniversary date to enter.  One thing I would add if you take this route, make sure your wife pays close attention to CBP when she does enter, the visa will most likely be classified CR1, but she may need to offer to the CBP officer that you are now both past your 2nd anniversary.

 

Good Luck!

[Timona 4,207]

As others have said.

Just to add, I would do it like on the 60th day, just so as to make sure you eradicate any confusions for CR-1/ IR-1 issuance. Just do not enter right after the 50 days, say 12 or 24 hours later. That is cutting it close and with the world being on different days/ time zones, you may end up scoring an own goal. 10 days would be well settling.

[nastra30 2,287]

I agree with everyone; wait and enter after 2 year anniversary. An added benefit is that you'll avoid the current $680 total fee to remove conditions.

[P0907 127]

Definitely, I also agree with what @Timona said give it an extra few days after the 50 just to be safe.

[retheem 566]

4 hours ago, Visa14 said:

My wife was just approved for a immigration visa (CR1) and we are making plans to enter the US. Our 2nd year anniversary will be in about 50 days. Does it make sense to wait until after our 2nd anniversary to enter the US so that she will not receive a conditional green card? Are my assumptions correct on how this works? OR she will still get a conditional green card because the visa on her passport is CR1?

 

 

Wait until the day after your 2nd anniversary to enter the US. They will give you the 10 yr green card.

[Nitas_man 3,100]

9 hours ago, Visa14 said:

My wife was just approved for a immigration visa (CR1) and we are making plans to enter the US. Our 2nd year anniversary will be in about 50 days. Does it make sense to wait until after our 2nd anniversary to enter the US so that she will not receive a conditional green card? Are my assumptions correct on how this works? OR she will still get a conditional green card because the visa on her passport is CR1?

 

 

Yep

 

Wait until after your 2nd anniversary - you’re so close.  You’ll avoid the whole ROC process.

Edited June 4, 2021 by Nitas_man

[SalishSea 17,836]

And make sure she’s got a copy of the marriage certificate with her when she travels.

[Mike E 11,739]

21 hours ago, Lucky Cat said:

 They should eliminate the 2 year green card.

I agree.

 

This “reform” did the exact opposite of what it intended.  It hamstrung INS —> DHS from enforcing INA on fraud cases and due to the divorce waiver made it easier to commit fraud.  Meanwhile people with legitimate relationships are punished.  
 

I echo the advice to bring a certified copy of the marriage certificate to the port of entry.  Show it to the CBPO processing the CR1 visa.  By doing so this will reduce the chance of mistakenly being issued a 2 year green card and being forced to file I-90 to get the correct card.  
 

Also beware of “time travel”.  You can leave say Japan on July

2 and arrive in the USA on July 1.  
 

Wait a full two days after your anniversary so that you arrive one day after the date of your two year wedding anniversary.  

Edited June 4, 2021 by Mike E