CR-1 Status Removal

[Thunderbolt 172]

6 minutes ago, Axl7 said:

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.

 

If your wife's visa is good after 10-02 then I would also suggest entering US after your anniversary date. We are 13 months in and got 48 months extension letter...

Thankfully my wife's citizenship date was coming up so we've applied and hopefully we will finish this silly waiting game soon. 

[Axl7 5]

2 minutes ago, Thunderbolt said:

 

If your wife's visa is good after 10-02 then I would also suggest entering US after your anniversary date. We are 13 months in and got 48 months extension letter...

Thankfully my wife's citizenship date was coming up so we've applied and hopefully we will finish this silly waiting game soon. 

Thanks. Yes, my wife's visa is valid until 21 December 2023 and we would prefer not to go through the I-751 headache. When you say your wife's citizenship date is coming up, does that mean that with the 2-yr GC one can submit the N-400 while awaiting I-751 adjudication?  

[Thunderbolt 172]

6 minutes ago, Axl7 said:

Thanks. Yes, my wife's visa is valid until 21 December 2023 and we would prefer not to go through the I-751 headache. When you say your wife's citizenship date is coming up, does that mean that with the 2-yr GC one can submit the N-400 while awaiting I-751 adjudication?  

Your wife can qualify for citizenship after meeting one out of two conditions.

- Being married to US citizen for 3 years (and living as LPR in US for at least 3 years)

- Being LPR and living in US for 5 years. 

 

So for your situation, you can submit N400 for your wife 3 years after her arrival in US minus 90 days. 

 

My wife will hit 5 years of living in US soon, but because we did K1 and had all the AOS - ROC her LPR counts as the time when she got her 2 year GC. It's silly but nothing we can do about it. 

 

Strongly recommending waiting until your anniversary. I know it's a headache but it will be well worth it to stay extra 2 months at home. 

[pushbrk 12,877]

1 hour ago, Thunderbolt said:

Your wife can qualify for citizenship after meeting one out of two conditions.

- Being married to US citizen for 3 years (and living as LPR in US for at least 3 years)

- Being LPR and living in US for 5 years. 

 

So for your situation, you can submit N400 for your wife 3 years after her arrival in US minus 90 days. 

 

My wife will hit 5 years of living in US soon, but because we did K1 and had all the AOS - ROC her LPR counts as the time when she got her 2 year GC. It's silly but nothing we can do about it. 

 

Strongly recommending waiting until your anniversary. I know it's a headache but it will be well worth it to stay extra 2 months at home. 

I would say it differently.  Once the wife has lived in the US with LPR status three years, she can apply for citizenship if she is still married to the original petitioner.  Otherwise, she must wait 5 years.  Apply 90 prior to eligibility.

 

An I-751 is moot, once Naturalization is complete, but would be required if the OP's spouse enters the USA before the two year anniversary of their marriage.

 

[Mike E 11,739]

2 hours ago, Axl7 said:

we would prefer not to go through the I-751 headache.

then don’t

2 hours ago, Axl7 said:

 

 

When you say your wife's citizenship date is coming up, does that mean that with the 2-yr GC one can submit the N-400 while awaiting I-751 adjudication?  

Why ask I-751 questions since you now plan to not put her in a position where has to file I-751?

 

 

[Boiler 45,468]

I might wait a few months not 6 months.

[Unlockable 7,314]

Mod warning.

 

why is this thread being taken over by questions and answers that are not related to the OP's case? 
 

moving posts.

Edited August 8, 2023 by Unlockable

[D & JL 104]

On 8/6/2023 at 11:27 AM, Axl7 said:

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.   

This means if by the time he or she enters the US you have not been married for two years, he or she is going to get a Conditional Residence card which will require for you to remove the conditions 90 days before the expiration of the card.

[Bethany123 56]

I just got removal of conditions after almost 2.5 years of waiting. It's a big money grab and for some people they have to travel to have an interview. It's really worth it if y'all just wait for the 2 year mark and let them know when she crosses. 

[Dashinka 24,489]

3 minutes ago, Mark and Val said:

My wife has her interview scheduled for September 13, which means her 6 month window to enter the USA will expire a few days before our 2nd anniversary, assuming that 6 month window starts from the interview date. Does anyone know if that’s the case or  is there a delay in processing a  passport as it typically takes awhile to receive it back after the interview from what I’ve read? It is possible to reschedule the interview with cause, but does anybody know how feasible that option is?

The 6 month validity date of the visa is based on the date of the medical exam for the visa which is usually a few days or more prior to the interview date.  Generally speaking, I am not one to encourage rescheduling a visa interview/medical exam, but that pain can vary by consulate, so you may want to look into it for your country.

 

Good Luck!

[Crazy Cat 41,837]

***Highjack comment removed and moved to new thread ****  Please ask your questions in that thread***

Edited August 14, 2023 by Crazy Cat

[VnM 0]

1 hour ago, Crazy Cat said:

***Highjack comment removed and moved ****  Please ask your questions in the form of a new thread***

It’s the same topic almost precisely. 

[Crazy Cat 41,837]

9 minutes ago, Mark and Val said:

It’s the same topic almost precisely. 

Different question...different member.....deserved its own thread....which I created.   Now, you will get answers specific to YOUR question in your own thread.  In fact, you already have received good answers in your new thread.

Edited August 14, 2023 by Crazy Cat