Spouse w/ CR1, how to change to R1?

[Kivitan787 3]

 So, we’re currently waiting for my spouse’s CR1 green card, a month into waiting we had our 2 year anniversary. 
 

With that being said, ¿is it posible to change his green card to R1 before it arrives or is it an automatic change? 
 

 

[appleblossom 3,336]

2 minutes ago, Kivitan787 said:

 So, we’re currently waiting for my spouse’s CR1 green card, a month into waiting we had our 2 year anniversary. 
 

With that being said, ¿is it posible to change his green card to R1 before it arrives or is it an automatic change? 
 

 

 

Is he in the US and just waiting for his plastic green card to arrive? Or outside the US and waiting for his immigrant visa? It’s the date he enters the US on the visa that counts.

[Kivitan787 3]

@appleblossomhe’s currently in the US waiting for his plastic green card 

[appleblossom 3,336]

5 minutes ago, Kivitan787 said:

@appleblossomhe’s currently in the US waiting for his plastic green card 

 

OK, so he’s CR1, no way of changing that now. 

[Dashinka 24,899]

34 minutes ago, Kivitan787 said:

@appleblossomhe’s currently in the US waiting for his plastic green card 

Did he enter the US with his spousal visa prior to your 2nd wedding anniversary or after?

[hunny&me 279]

Entering as CR1, green card is conditional resident with expiry of 2 years from entry.  3 months or less before expiry, conditional LPR needs to file I-751 Removal of Conditions. I-751 takes a long time to process but cLPR should receive letter of extension from USCIS when nearing the 2 year expiry.  (We did receive a letter to file for the I-751, we are still waiting for approval/issuance of 10 yr green card (estimated 2026).  Hubby is eligible for naturalization soon, so we may get US citizen first and 751 denied

[Dashinka 24,899]

11 minutes ago, hunny&me said:

Entering as CR1, green card is conditional resident with expiry of 2 years from entry.  3 months or less before expiry, conditional LPR needs to file I-751 Removal of Conditions. I-751 takes a long time to process but cLPR should receive letter of extension from USCIS when nearing the 2 year expiry.  (We did receive a letter to file for the I-751, we are still waiting for approval/issuance of 10 yr green card (estimated 2026).  Hubby is eligible for naturalization soon, so we may get US citizen first and 751 denied

Just an FYI, the N400 cannot be decided until the I751 is decided.  If the I751 is denied, the N400 will not be decided.

[Kivitan787 3]

@Dashinka spouse entered 1 month before the 2nd wedding anniversary 

[SalishSea 18,225]

27 minutes ago, Kivitan787 said:

@Dashinka spouse entered 1 month before the 2nd wedding anniversary 

Then he has a conditional green card and will have to remove conditions on it when eligible.

[Dashinka 24,899]

1 hour ago, Kivitan787 said:

@Dashinka spouse entered 1 month before the 2nd wedding anniversary 

Yep, it will be a 2yr GC.  Water under the bridge, but he should have waited a month and entered after the 2nd wedding anniversary (i know, easy to say that when it is not myself dealing with the separation from a spouse).  

 

Good Luck!

[Kivitan787 3]

Thank you all so much❤️

[hunny&me 279]

15 hours ago, Dashinka said:

Just an FYI, the N400 cannot be decided until the I751 is decided.  If the I751 is denied, the N400 will not be decided.

Oh yeah, may be accelerated I meant.  Thank you for the correction.   I was thinking of our I-90 replacement of lost GC that got denied when the 2-year have expired for CR1, due to the reason of pending I-751. Paid for the I-90, paid for the I-751, and soon for N-400, another set of payment. Hopefully, by then, we hear from USCIS and get out monies worth. Our fault that we have to go to USCIS yearly to get I-551 stamp because of loss GC.