CR-1 Status Removal

[Axl7 5]

Hello all,

 

My spouse received her immigrant visa approval on July 31, 2023 under the CR1 category and we have planned her arrival to the US by September 2023. The consular officer gave my spouse a note about the removal of CR1 status, which had the following text - "If at the time of admission to the United States you will not have celebrated the second anniversary of your marriage, you will be granted conditional permanent residence by an officer of USCIS at the time of your admission to the U.S." Based on this can someone please elaborate, if the immigration officers at the port of entry will no longer consider this to be applicable if my spouse traveled to the US after October 2 (our second marriage anniversary date) and that we would not need to file I-751 for removal of CR status? TIA.   

[Crazy Cat 41,810]

Bottom Line:  If you have been married for 2 years (or longer) when the new immigrant enters the US via the spousal visa, he/she should be issued a 10 year Green Card.  With a 10 year Green Card, you will avoid the dreaded Removal of Conditions (I-751). 

I would enter a day or 2 after the 2 year anniversary.  Removal of Conditions is not a fun experience.  You should avoid it if, at all, possible.

Edited August 6, 2023 by Crazy Cat

[Crazy Cat 41,810]

One more thing:  My wife entered about 30 days PRIOR to our 2nd anniversary.  That was a mistake.  It took 44 months for USCIS to approve our I-751. 

[Axl7 5]

Thanks so much for sharing your experience. 44 months does sound like a very long time indeed! Can you please let me know why does the process take such a long time? The I-130 approval in itself took such a long time and waiting an additional 44 months sounds insane! 

[Crazy Cat 41,810]

28 minutes ago, Axl7 said:

Thanks so much for sharing your experience. 44 months does sound like a very long time indeed! Can you please let me know why does the process take such a long time? The I-130 approval in itself took such a long time and waiting an additional 44 months sounds insane! 

We had no RFEs.....no issues..... USCIS was just slow.  Now, USCIS issues a 48 month extension letter when an I-751 is filed.  Our I-751 was approved only after my wife filed her N-400. 

Edited August 6, 2023 by Crazy Cat

[Axl7 5]

15 minutes ago, Crazy Cat said:

We had no RFEs.....no issues..... USCIS was just slow.  Now, USCIS issues a 48 month extension letter when an I-751 is filed.  Our I-751 was filed only after my wife filed her N-400. 

Thanks, this is frankly ridiculous! Once the I-751 is filed, is the spouse allowed to stay in the US until a final decision is made? Or will she have to go back to her home country after the 2-yr GC expires? Or as you note, maybe an extension is required?

[Boiler 45,445]

Be aware they make mistakes, that has happened to quite a few people who were issued a 2 year instead of 10 year.

[Crazy Cat 41,810]

2 minutes ago, Axl7 said:

Thanks, this is frankly ridiculous! Once the I-751 is filed, is the spouse allowed to stay in the US until a final decision is made? Or will she have to go back to her home country after the 2-yr GC expires? Or as you note, maybe an extension is required?

A legal resident does not lose legal status, itself, when a Green card expires.  Only evidence of legal status expires.  After submitting an I-751, USCIS will automatically send the applicant a 48 month extension letter which extends the expiration date which is printed on the card.... but actual legal status remains intact until an immigration judge determines otherwise.  

[Redro 4,611]

5 minutes ago, Axl7 said:

Thanks, this is frankly ridiculous! Once the I-751 is filed, is the spouse allowed to stay in the US until a final decision is made? Or will she have to go back to her home country after the 2-yr GC expires? Or as you note, maybe an extension is required?

Spouse is allowed to stay in the US. They are still an LPR. The extension letter of 48 months is the document that shows she has status and it allows her work and travel outside the US. 

[Mike E 11,739]

16 minutes ago, Axl7 said:

Can you please let me know why does the process take such a long time?

1. I-751 is not a priority for USCIS.

 

We can deduce this from the fact that USCIS explicitly  sets service level objectives for I-485 and other petitions and I-751 is not on the list.

 

Why would USCIS move from 12, to 18, 24, and to 48 month extension letters if I-751 was a priority?

 

Note that what USCIS is doing is not what Congress intended when it introduced conditional LPR status in 1986. The intent was a 90 day adjudication that completed before the 2 year GC expired. And if you look at ancient timelines on VJ, you will see this was the norm. 
 

USCIS now uses I-751 as a cash cow to pay for petitions that lose USCIS money.

 

2. Most conditional LPRs will naturalize.

USCIS apparently prefers, at apparently most field offices, to not take up an I-751 until N-400 is filed. This is why Mrs @Crazy Cat had only a 44 month I-751 wait. Had she not filed N-400, she would still be waiting.

 

3. DHS would prefer  LPRs just go away if they will not naturalize.

 

The C in USCIS comes before the I. Before 9/11, the I in INS came before the N.

 

If conditional LPRs never file I-751, eventually DHS will find them and deport them (not by this administration, but eventually). If they leave the U.S. they will not be able to board a flight home with an expired 2 year GC

 

It is not just I-751. I-90 (for renewing 10 year GCs) has a 2 year wait now.

 

Don’t get  me started on the hassles LPRs have in several states to get drivers licenses. If  REAL ID  is ever enforced, at least hundreds of thousands  of LPRs will be unable to fly.

 

DHS welcomes immigrants but that welcome wears out after 9.5-11.5 years.

 

One DHS officer put it colorfully yet succinctly:

 

So I'm sitting here next to my coworker, a very good buddy of mine, and posed him this question: "hey, why don't we like LPRs?" (legal permanent residents)

his response: "because half of them don't speak english, and the other half are criminals."

 

https://www.reddit.com/r/travel/comments/4ozovk/comment/d4hc4s2/

 

[Mike E 11,739]

1 hour ago, Axl7 said:

My spouse received her immigrant visa approval on July 31, 2023 under the CR1 category and we have planned her arrival to the US by September 2023. 

That might be a bad plan.
 

Reviewing her time line:

 

Marriage (if applicable):

2021-10-02

Interview Date :

2023-07-31

 

Unless her visa expires 2023-10-15 or earlier, I urge her to enter the U.S. on or after  2023-10-02.

 

 

[Timona 4,207]

@Mike E for consideration for USCIS director. After you get hired, hire me. I'll have a field day 😉

[Dashinka 24,480]

2 hours ago, Axl7 said:

Thanks so much for sharing your experience. 44 months does sound like a very long time indeed! Can you please let me know why does the process take such a long time? The I-130 approval in itself took such a long time and waiting an additional 44 months sounds insane! 

Overall, the I751 ROC is just a royal pain.  @Mike E summed it up very well, and my feelings are very similar.  Like others have stated, if possible, have your spouse enter after the 2nd wedding anniversary.  The CBP officer should stamp the visa with an IR1 notation even if the visa says CR1, but if this does not happen, USCIS should still issue a 10 yr GC.  If USCIS screws up, you can file an I90 for free to get the card corrected.  My only other advice, if your spouse does enter after the 2nd wedding anniversary, have them pay close attention when being processed, and even though no one is required to offer information to the CBP officer(s) (only need to answer their questions honestly), it doesn’t hurt to remind the officer at the POE that you have passed your 2nd wedding anniversary.  
 

Good Luck!

[nastra30 2,284]

Op, if spouse can enter after 2nd anniversary go for it. If you can avoid the I-751, avoid it. Not only is it a cash cow for USCIS, the fee for that will soon increase significantly in the near future.

[Axl7 5]

My deepest sense of gratitude to everyone for providing their feedback here - it is indeed very helpful. We will try to factor arriving in after our 2nd anniversary date - its just that its been way too long a process to get through the I-130 application and now a further delay adds up to your frustration. We have a 4-month old child now and trying to make sense of everything with my very patiently waiting spouse. Thanks again everyone.