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Mick2020

Cr1 visa holder but entering USA after two years of marriage

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Hello helpful Visa journey friends,  
  Iam interested to know what experience you have had upon entry into the USA if you were initially a CR1 visa holder upon issuance but decided to wait to enter the USA past your two year wedding anniversary.  
Upon entering USA did you need to tell the immigration officer anything about the two year rule?  Show your marriage license? Did you need to have this discussion about your new eligibility as a permanent resident vs conditional?   Or was it automatically in the system?  Did he comply or tell you he can’t help you?   
 

interested to know what your experiences were. Thank you!

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
49 minutes ago, Mick2020 said:

Hello helpful Visa journey friends,  
  Iam interested to know what experience you have had upon entry into the USA if you were initially a CR1 visa holder upon issuance but decided to wait to enter the USA past your two year wedding anniversary.  
Upon entering USA did you need to tell the immigration officer anything about the two year rule?  Show your marriage license? Did you need to have this discussion about your new eligibility as a permanent resident vs conditional?   Or was it automatically in the system?  Did he comply or tell you he can’t help you?   
 

interested to know what your experiences were. Thank you!

By law, USCIS has to send you a 10 year greencard if you entered (even with CR1) after your 2 year anniversary.

 

It's supposed to be automatic but USCIS sometimes makes mistakes. If you are issued a 2-year instead of 10-year you'll have fill I-90 to have them send a corrected one.

Edited by nastra30
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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

When we entered the USA we informed the Officer we were past the 2 year marriage and he just marked IR-1 in her passport, we had a copy of the marriage license to show him, he just said many people wait if they have the chance,she got her 10 year card a few weeks later.

However our son they marked IR-2 in his passport but were only give a 2 year card for him.

It doesn't hurt to remind the officer.

Good luck

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*** Moved from DCF forum to Moving to the US forum -- topic is about POE procedures after the visa process ***

 

10 hours ago, Mick2020 said:

was it automatically in the system?

 

As others have said, entering the US after your 2nd wedding anniversary will entitle you to a 10-year green card.  If USCIS mistakenly sends you a 2-yr GC, filing I-90 will be free due to USCIS error.

 

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