Changing from CR1 to IR1 to get 10 year green card?

[seanmic 0]

Hi everyone,

 

So my wife has been here in the USA for 1 month. We were married December 15, 2021 in the Philippines. 
I just paid the $220 uscis immigrant fee today (I got a letter in the mail, I have no idea why this wasn’t included with all the fees from before...)

 

I believe with the cr1 she will receive a 1 year green card at some point in the next 2-ish months. 
 

Is there a way to get this changed after December 15 (we will then have been married for 2 years) so she can get the 10 year green card? 

We plan to spend a lot of time overseas starting March or April of next year and having to come back before October of next year will complicate things. 
 

Does anyone have any experience with this?
 

Also we live really close to the southern border so if we need to cross to update anything we can do that pretty easily.
 

Thanks!

[Crazy Cat 41,811]

 

How long were you married when she entered the US via the spousal visa?

1.  Less than 2 years = 2 year conditional Green Card

2.  2 years or more = 10 Green Card

If the answer is #1, then she MUST file for removal of condition in 2 years (can file no sooner than 90 days from that date) to get a 10 year card.  No other way.

 

 

Edited November 7, 2023 by Crazy Cat

[Crazy Cat 41,811]

In addition, to maintain her legal status, she cannot remain outside the US for more than a year at a time (without a re-entry permit). 

Edited November 7, 2023 by Crazy Cat

[seanmic 0]

Thank you for the information it is very helpful

[discoverusa 258]

If she entered before your two year anniversary as a married couple she will receive two year conditional LPR card. 

[pushbrk 12,870]

2 hours ago, seanmic said:

Thank you for the information it is very helpful

Based on your travel plans, you would be wise to Google "Maintaining Permanent Resident Status USA".  Don't let it scare you, but it is more complicated than simply not leaving for more than a year without a re-entry permit.  Every entry by a non-citizen is a judgment call.  I would advise against being gone more than six months the first time.  People get away with 6 to 12 months ONCE, but not so often twice, unless there are special circumstances.

[SalishSea 17,801]

4 hours ago, seanmic said:

Hi everyone,

 

So my wife has been here in the USA for 1 month. We were married December 15, 2021 in the Philippines. 
I just paid the $220 uscis immigrant fee today (I got a letter in the mail, I have no idea why this wasn’t included with all the fees from before...)

 

I believe with the cr1 she will receive a 1 year green card at some point in the next 2-ish months. 
 

Is there a way to get this changed after December 15 (we will then have been married for 2 years) so she can get the 10 year green card? 

We plan to spend a lot of time overseas starting March or April of next year and having to come back before October of next year will complicate things. 
 

Does anyone have any experience with this?
 

Also we live really close to the southern border so if we need to cross to update anything we can do that pretty easily.
 

Thanks!

No.  There is no "changing" from a conditional to 10 year GC.  You should begin reading about the process known as Removal of Conditions, which you will be able to start in around 2 years.

 

Getting a GC and then immediately deciding to not use it as intended (to reside permanently in the US) definitely complicates things. 

Edited November 8, 2023 by SalishSea

[pushbrk 12,870]

To say it differently, a green card is not a "super visa".  It authorizes "lawful permanent resident status".  You maintain permanent residency in the USA, and spend more time in the USA than out (more complicated than that) or you lose that status, commonly by being denied re-entry to the USA from an extended trip abroad.

If you want to live abroad, Naturalize first.

[Rocio0010 5,579]

6 hours ago, seanmic said:

there a way to get this changed after December 15 (we will then have been married for 2 years) so she can get the 10 year green card? 

You’d think that if there was a way, more people would do it… 

This wasn’t very well thought of. You’d have gotten a 10 year green card if she had flown into the US after the second wedding anniversary. Therefore, If you wanted a 10 year one, she should have landed after Dec 15th…

[Timona 4,207]

Guys, you missed something.

Seems OP lives in Mexico and just wants to walk back and forth to maintain residency. 

[pushbrk 12,870]

6 minutes ago, Old_Glory said:

Yup, that’s our plan….

Terrific!  So, learn how to keep that a three year proposition as soon as possible, like now.

[Ontarkie 14,217]

~~Moved to Working and Traveling, from IR1.CR1 P&P - as the OP's wife is already in the US and is asking about ROC and travel plans.~~