Changing CR1 to IR1

[Booders 2]

Hi everyone,

 

Looking for some advice. I moved to the US last May and have been living and working on a CR1 visa with my wife who is a USC.

 

We will be married 2 years in October and therefore had some questions about changing my CR1 visa to a IR1. Would appreciate answers to as many of the following from anyone in the know or who has gone through this before:

 

1) What are the processing times for changing a CR1 to an IR1?

2) Is the process complex or more straight forward that getting the original CR1 visa to enter the US

3) How far in advance do I need to apply for the renewal. My green card expires in May, which means I assume I need to submit as soon as the 2 yr marriage anniversary is here?

4) If I have applied in the correct timeframes, but my new IR1 card hasn't been issued, where do I stand legally about being in the country / work status / etc.

 

Thanks, and looking forward to hearing from you!

 

B.

[SalishSea 17,829]

15 minutes ago, Booders said:

Hi everyone,

 

Looking for some advice. I moved to the US last May and have been living and working on a CR1 visa with my wife who is a USC.

 

We will be married 2 years in October and therefore had some questions about changing my CR1 visa to a IR1. Would appreciate answers to as many of the following from anyone in the know or who has gone through this before:

 

1) What are the processing times for changing a CR1 to an IR1?

2) Is the process complex or more straight forward that getting the original CR1 visa to enter the US

3) How far in advance do I need to apply for the renewal. My green card expires in May, which means I assume I need to submit as soon as the 2 yr marriage anniversary is here?

4) If I have applied in the correct timeframes, but my new IR1 card hasn't been issued, where do I stand legally about being in the country / work status / etc.

 

Thanks, and looking forward to hearing from you!

 

B.

Read the VJ guides about removing conditions.  You can apply 90 days prior to the effective date on your GC, and not one millisecond before, lol.

 

You can get an extension letter (18 mo I believe) when the conditional green card expires.

[Crazy Cat 41,857]

You have a misunderstanding of the process. There is no "changing a CR-1 to an IR-1" Your next step is to remove the conditions on your 2 year green card. Start studying this guide:

 

 

[Lucky2Lucky 2,526]

Hello , you will file the I-751, which is removal of conditions (ROC) as you currently have a 2 year conditional green card. You can file 90 days before it expires. The date is not correlated to the date of your marriage.  You will receive an extension letter that allows you to work and travel as if your green card was not expired. There are guides on this site that you can follow for the ROC. You can also look at USCIS processing times to get a time frame of how long it will take. It is a straight forward process. Please complete your timeline-  thanks and good luck!

[SalishSea 17,829]

2 minutes ago, Crazy Cat said:

You have a misunderstanding of the process. There is no "changing a CR-1 to an IR-1" Your next step is to remove the conditions on your 2 year green card. Start studying this guide:

 

 

And how long is it taking, on average, 18 mo-2 years?  I know you guys have been waiting for quite awhile.

[Marieke H 2,506]

As others have mentioned, please do a little bit of research on this site to get a better understanding of the processes.

 

59 minutes ago, Booders said:

have been living and working on a CR1 visa with my wife who is a USC

You have not been living and working on a CR-1 visa. You used a CR-1 visa to enter the country, and then received your green card. The green card is your current proof of status, not the visa.

 

1 hour ago, Booders said:

changing my CR1 visa to a IR1

This is not a thing. You now have a 2-year conditional green card. You will apply for removal of conditions on your green card, which will eventually give you an unconditional 10-year green card.

 

1 hour ago, Booders said:

1) What are the processing times for changing a CR1 to an IR1?

Processing times for ROC vary. I know people who have been waiting for over 2 years; mine took only 7 months. You can find current I-751 processing times here: https://egov.uscis.gov/processing-times/

 

1 hour ago, Booders said:

2) Is the process complex or more straight forward that getting the original CR1 visa to enter the US

The I-751 is a pretty straightforward form. There also is no financial sponsorship information needed. Besides the form, you will just have to add a bunch of evidence of comingling of finances, living together, etc. Read the guide that was linked above.

 

1 hour ago, Booders said:

3) How far in advance do I need to apply for the renewal. My green card expires in May, which means I assume I need to submit as soon as the 2 yr marriage anniversary is here?

You can apply 90 days before the expiry date on your green card. Do not apply too early; it will get refused. Your wedding anniversary is irrelevant.

 

1 hour ago, Booders said:

4) If I have applied in the correct timeframes, but my new IR1 card hasn't been issued, where do I stand legally about being in the country / work status / etc.

You will receive a Notice of Action after you submit your I-751. This Notice will state that your permanent residence status has been extended with 18 months; the notice, together with your expired green card, will be proof of status.

[Booders 2]

Thanks to everyone for their input, and for clarification on terms. The Notice of Action extending the permanent residence is a relief as I was afraid it would impact my current employment status for my job in the US.

 

Appreciate everyone's help.

[Booders 2]

1 hour ago, Jorgedig said:

And how long is it taking, on average, 18 mo-2 years?  I know you guys have been waiting for quite awhile.

This was super useful. Thanks so much.

 

Looks like removing conditions can vary but it's rare that it goes over 12 months. My main concern was having problems with my current US employment but the extension letter covers that which makes me breathe easy!

1 hour ago, Luckycuds said:

Hello , you will file the I-751, which is removal of conditions (ROC) as you currently have a 2 year conditional green card. You can file 90 days before it expires. The date is not correlated to the date of your marriage.  You will receive an extension letter that allows you to work and travel as if your green card was not expired. There are guides on this site that you can follow for the ROC. You can also look at USCIS processing times to get a time frame of how long it will take. It is a straight forward process. Please complete your timeline-  thanks and good luck!

Thank you very much for this detailed response. I really appreciate your help.

[payxibka 10,045]

1 minute ago, Booders said:

This was super useful. Thanks so much.

 

Looks like removing conditions can vary but it's rare that it goes over 12 months. My main concern was having problems with my current US employment but the extension letter covers that which makes me breathe easy!

Actually quite common to go over 12 months 

[Crazy Cat 41,857]

19 minutes ago, Booders said:

Looks like removing conditions can vary but it's rare that it goes over 12 months.

 I think it is quite common. That is why extension letters were changed from 12 months to 18 months.

 

Edited August 13, 2021 by Crazy Cat

[Ontarkie 14,223]

~~MOved to Removing Conditions, from IR1/CR1 P&P - as the OP is already a lpr and is asking about ROC~~

[Crazy Cat 41,857]

26 minutes ago, Booders said:

The Notice of Action extending the permanent residence is a relief as I was afraid it would impact my current employment status for my job in the US.

Don't confuse evidence of legal status with the status itself. 

Edited August 13, 2021 by Crazy Cat

[mindthegap 2,590]

1 hour ago, Booders said:

 

Looks like removing conditions can vary but it's rare that it goes over 12 months.

Um…being under 12 months would very much be the exception (or lucky enough to get texas)

If it’s done in 18, consider yourself lucky. 

[Booders 2]

Okay thanks all. Understood that timelines may vary. 

[Marieke H 2,506]

20 minutes ago, Booders said:

Okay thanks all. Understood that timelines may vary. 

One thing to keep in mind is that they likely will not waive your biometrics or interview. The fast ROC approvals were mostly people who had just done their Adjustment of Status a few years ago and had already had their biometrics and an interview for that. Because you have not had a biometrics appointment or interview within the US, it is very likely that you will need to get those done for your ROC, and then your timeline will just depend on the backlog at your local office.