CR1 to IR1 confusing timeline and instructions.

[nick050183 9]

We got married on June 3rd 2020. So on June 3rd 2022 that will be our 2 year anniversary.

 

She entered United States on May 10th 2022. (I know I need to update my timeline. Sorry been very busy.)

 

This is the verbatim instructions

"The petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent residence status."

 

What is confusing the hell out of us is that another person who very recently entered United States on the same visa. Is under the impression that this means 90 days BEFORE THE MARRIAGE ANNIVERSARY. Supposedly this is what the Consular Officer who interviewed them told them. Seems absurd. What if you enter 7 days before the anniversary. 

 

Just wanted to double check. This means we have until 90 days before the 2 year period after which she entered expires. Is that correct?

 

So May 10th 2024 her conditional permanent residency will expire. And if in the 90 day period PRIOR TO THAT I do not file to have that conditional status removed. She will basically be illegal.

 

Am I understanding this correctly? 

[pushbrk 12,883]

1 minute ago, nick050183 said:

We got married on June 3rd 2020. So on June 3rd 2022 that will be our 2 year anniversary.

 

She entered United States on May 10th 2022. (I know I need to update my timeline. Sorry been very busy.)

 

This is the verbatim instructions

"The petition must be filed within the 90-day period immediately preceding the second anniversary of the date you were granted conditional permanent residence status."

 

What is confusing the hell out of us is that another person who very recently entered United States on the same visa. Is under the impression that this means 90 days BEFORE THE MARRIAGE ANNIVERSARY. Supposedly this is what the Consular Officer who interviewed them told them. Seems absurd. What if you enter 7 days before the anniversary. 

 

Just wanted to double check. This means we have until 90 days before the 2 year period after which she entered expires. Is that correct?

 

So May 10th 2024 her conditional permanent residency will expire. And if in the 90 day period PRIOR TO THAT I do not file to have that conditional status removed. She will basically be illegal.

 

Am I understanding this correctly? 

Removal of conditions should be filed before the green card expires.  The earliest you can file is 90 days before the green card expires.  Any other advice you've been given is incorrect.

 

If your wife had waited to enter the USA until after June 3, 2022, you could have avoided removing conditions and received IR1 status upon entry.  Yes, even though the visa says CR1.

[Troy B 223]

Since you failed to wait for your secondary anniversary to use the visa,  marriage date is irrelevant now.  It's saying you have a CR1 visa that is good for 2 years, and 90 days before the end of that 2 years you need to file for ROC.

[pushbrk 12,883]

Just now, Troy B said:

Since you failed to wait for your secondary anniversary to use the visa,  marriage date is irrelevant now.  It's saying you have a CR1 visa that is good for 2 years, and 90 days before the end of that 2 years you need to file for ROC.

No, the visa is not good for two years. The visa has already been used.  It's the resident status that's good for two years.

[aaron2020 11,651]

Another person is wrong.

 

Read the instructions for Form I-751.  Your wife can file 90 days before the expiration of her conditional green card which is May 10, 2024.  

[nick050183 9]

Ok first of all thank you for all the replies.

 

Just want to make sure I understand 100%

 

May 10th 2022 = Entry

May 10th 2024 = Green Card expires. Conditional Residence ends.

 

Feb 9th 2024 (90 days before May 10th, I understand I can do it later then that but before may 10th) = Date when I can change the CR1 to IR1

 

Quick additional question. How long is the Green Card good for after that?

[pushbrk 12,883]

5 minutes ago, nick050183 said:

Ok first of all thank you for all the replies.

 

Just want to make sure I understand 100%

 

May 10th 2022 = Entry

May 10th 2024 = Green Card expires. Conditional Residence ends.

 

Feb 9th 2024 (90 days before May 10th, I understand I can do it later then that but before may 10th) = Date when I can change the CR1 to IR1

 

Quick additional question. How long is the Green Card good for after that?

You are correct.  After than the new green card is renewed every ten year.  Only the card expires, not the residency status.

 

In 2024, both the card and the residency status expire if you do not remove conditions.

[aaron2020 11,651]

11 minutes ago, nick050183 said:

Ok first of all thank you for all the replies.

 

Just want to make sure I understand 100%

 

May 10th 2022 = Entry

May 10th 2024 = Green Card expires. Conditional Residence ends.

 

Feb 9th 2024 (90 days before May 10th, I understand I can do it later then that but before may 10th) = Date when I can change the CR1 to IR1

 

Quick additional question. How long is the Green Card good for after that?

Your wife will not be changing the CR1 to an IR1.  The visa part is done.  

 

Your wife goes from being a conditional green card holder to a regular green card holder.  

 

A regular green card expires after 10 years.  Most people usually become US citizens before then.

Your wife could file for US citizenship around Feb 9, 2025.  

[Lil bear 4,201]

2 minutes ago, nick050183 said:

Ok first of all thank you for all the replies.

 

Just want to make sure I understand 100%

 

May 10th 2022 = Entry

May 10th 2024 = Green Card expires. Conditional Residence ends.

 

Feb 9th 2024 (90 days before May 10th, I understand I can do it later then that but before may 10th) = Date when I can change the CR1 to IR1

 

Quick additional question. How long is the Green Card good for after that?

All correct except for your understanding /use of CR1/IR1

 

CR1 is an immigrant visa issued to a spouse who has been married less than 2 years at the time of the consular interview 

 

IR1   is an immigrant visa issued to a spouse who has been married for over 2 years at the time of the consular interview 

 

Holders of both  CR 1 and IR 1 arrive at the POE , present the visa,  and are given permission  to enter the US and are granted legal  Residency status on entering. The Visa (CR or IR) has been used. It is done. Over 

 

If the spouse enters the US when it has been over 2  years of marriage , they are granted permanent  residency status ..  so all IR1 holders get permanent residency, and a CR1 holder where their entry happens after 2 years of marriage also gets permanent status.. even though their visa was issued as Conditional. Hence the comments about it being good  to wait if its workable. 
 

Conditional residents must apply for the conditions to be removed before their 2 yr GC expires. This then gives them permanent residency. If they do not complete ROC .. removal of conditions, then their legal residency status lapses when their card expires. 
 

Permanent residents must apply for a new card prior to their 10 yr card expiring... though their legal residency status does not change even if they dont apply for a new card. They just dont have evidence if their legal status as they don't have a current card  

[pushbrk 12,883]

Um CR1 and IR1 are both visas, yes.  But, they are also immigrant status designators.  She will replace her CR1 card with a card that indicates her IR1 status.

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to ROC General Discussion -- question is about when to file for removal of conditions ***

 

[Don0 73]

All the above replies are correct. I just want to chime in and say I am currently on the same boat. came here August 20, 2020, our 2nd year wedding anniversary is on September 25, 2020. But I had to come earlier because my visa expires when my medical expires (September 3, 2020) which was before our 2nd year anniversary. So I had no choice but to come here before our 2nd year marriage anniversary. 

 

So I am filing this Monday since my 90 day window opens this Sunday May 22nd based on my DATE OF ENTRY August 20, 2020 and not our second year anniversary. 

[Crazy Cat 41,850]

5 hours ago, Don0 said:

All the above replies are correct. I just want to chime in and say I am currently on the same boat. came here August 20, 2020, our 2nd year wedding anniversary is on September 25, 2020. But I had to come earlier because my visa expires when my medical expires (September 3, 2020) which was before our 2nd year anniversary. So I had no choice but to come here before our 2nd year marriage anniversary. 

 

So I am filing this Monday since my 90 day window opens this Sunday May 22nd based on my DATE OF ENTRY August 20, 2020 and not our second year anniversary. 

The problem is that some people think the word "anniversary" applies only to marriage......which is incorrect.