2 year green card or 10 year green card

[kidcapone350 1]

So my husband had his spouse visa interview on 12/07. our two year marriage anniversary was on 12/23. My husband enter the U.S. on feb 3 which was over our two year anniversary 

 

i am getting different answers 

 

i am being told since he enter the U.S. after our two year marriage anniversary he will get 10 year green card .

 

others saying since the interview was on 12/07 it’s a two year green card 

 

i been told also its  based on the day of green card approval . but what is consider greencard approval? at time of interview ?

 

which one is it ?

[Crazy Cat 41,811]

14 minutes ago, kidcapone350 said:

i am being told since he enter the U.S. after our two year marriage anniversary he will get 10 year green card .

For a spousal visa, this is the correct answer.

Edited March 5 by Crazy Cat

[Crazy Cat 41,811]

**Moved from Adjustment of Status to IR-1/CR-1 Spousal Visa Process and Procedures forum***

[K1visaHopeful 2,810]

The date of entry to the US counts.

However he would know by the type of visa entry stamp in his passport.

He SHOULD have been stamped in as an IR1 however he should have looked at it then and there and reminded the CBP officer in the moment of that fact that he was not a CR1.

Hopefully IF there was a mistake it will be caught before GC processing. 

[kidcapone350 1]

3 minutes ago, K1visaHopeful said:

The date of entry to the US counts.

However he would know by the type of visa entry stamp in his passport.

He SHOULD have been stamped in as an IR1 however he should have looked at it then and there and reminded the CBP officer in the moment of that fact that he was not a CR1.

Hopefully IF there was a mistake it will be caught before GC processing. 

yeah he informed the cbp officer but they still stamp cr1. so we waiting for the green card to arrive 

[top_secret 2,404]

14 minutes ago, kidcapone350 said:

yeah he informed the cbp officer but they still stamp cr1. so we waiting for the green card to arrive 

 

 

Should still be fine.  CBP doesn't issue green cards, USCIS does, and they have all the facts and are supposed to check.

[JeanneAdil 6,489]

28 minutes ago, kidcapone350 said:

yeah he informed the cbp officer but they still stamp cr1. so we waiting for the green card to arrive 

USCIS Should correct it when they issue the card

if a 2 year one comes ,  u need to correct it 

2 year green card is conditional residence for under 2 years married

10 year for over 2 years married 

 

USCIS site says  its about when the spouse enters the US

What Is Conditional Residence?

 

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html

[TexasRafael 134]

14 hours ago, Crazy Cat said:

For a spousal visa, this is the correct answer.

Well we got married on July 9th 2021 and my husband left the country in November 2021 before his adjustment of status was completed.  I applied for a CR1, he went to his interview in Jakarta, Indonesia on August 8th, 2023 and was granted his visa and then flew into the US on October 9th 2023.  In November 2023 he received his 10 year green card.  The two year time line is based on when the person enters the US, i.e. after the 2 year wedding anniversary.     

[mam521 2,058]

As @JeanneAdil stated, if it comes incorrectly statused, file an I-90 and have it corrected.  

 

We had to have one of the kids' greencards fixed because of this.  2 out of the 3 greencards had been issued correctly, but one was CR.  Filed the I-90 and it was replaced with an IR statused greencard, no issues.  

[kidcapone350 1]

5 minutes ago, mam521 said:

As @JeanneAdil stated, if it comes incorrectly statused, file an I-90 and have it corrected.  

 

We had to have one of the kids' greencards fixed because of this.  2 out of the 3 greencards had been issued correctly, but one was CR.  Filed the I-90 and it was replaced with an IR statused greencard, no issues.  

did you had to send the original physical card in ?

[mam521 2,058]

Just now, kidcapone350 said:

did you had to send the original physical card in ?

Yep.  We just used the I-551 in the passport to travel as it was still valid.  Also used it to get a SSN.  

[InaneTripe 27]

On 3/5/2024 at 5:20 PM, kidcapone350 said:

 

i am being told since he enter the U.S. after our two year marriage anniversary he will get 10 year green card .

This is correct; he will be admitted in IR1 status which will result in the production of a 10 year GC. It would be a good idea for him to mention this fact to the CBP officer upon admission so that they can make the correct annotations on their system and ADIT stamp.

[kidcapone350 1]

1 minute ago, InaneTripe said:

This is correct; he will be admitted in IR1 status which will result in the production of a 10 year GC. It would be a good idea for him to mention this fact to the CBP officer upon admission so that they can make the correct annotations on their system and ADIT stamp.

he did mention it but the officer still stamp cr1 

[InaneTripe 27]

Just now, kidcapone350 said:

he did mention it but the officer still stamp cr1 

Sorry to hear that! I didn't read your follow-up posts. Good luck with your I-90 filing! 

[Troy B 223]

well still possible the card will be the right 10 year version.  The stamp is only good for a year,  so CR1/IR1 doesn't really matter.