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VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion

FutureAmerican
Hi all,

I was wondering if it's at all possible to upgrade from a CR1 to an IR1 before the CR1 expires? My wife and I were married on August 17th 2006, and I got my CR1 in July 2007, emigrated September 2007. Our 2 year wedding anniversary will be this year, and I would really like to upgrade to an IR1 if at all possible, as opposed to waiting until 2009, because it would help IMMENSELY with my job/career choice - in particular I would love to enlist in the USAF but they require it to be an IR1, no exceptions, whereas every single other branch accepts CR1 holders to enlist. Also, various civilian jobs which I applied for e.g. Crime Analyst/CSI in Vegas Police Department also require green card holders to be on an IR1 rather than a CR1.

My wife and I have even considered moving back to England, and then re-filing for an IR1 from there after our 2 year anniversary passes, because it's so frustrating right now with jobs. At the end of the day, if it's not an option, then I'll enlist in another branch of the military e.g. Coast guard or Army, but the Air Force has always been my dream and it's really annoying that they're the only branch which requires it (I spoke to an Air Force recruiter to check if it was something I could get a waiver for, but unfort there's no way they can help me - even though I intend to apply for US Citizenship ASAP through the expedited route the military offers (I'll be able to get it 2-4 months after completing Boot Camp). Apparantely the reasoning behind the requirement is that they are concerned that the CR1 holders may "forget" to apply for lifting of conditions while in the service and so fall out of legal status, which is total bull IMHO as the majority of green card holders who enlist are planning on getting their Citizenship ASAP, and so wouldn't even need to worry about applying for lifting of conditions.

Anyhow, thankyou to all for any advice or opinions - even if it's just to confirm that I'd have to wait until 2009 to lift conditions, as I just want to make sure the USAF/Vegas PD is totally out until 2009, before I go and enlist in another branch.

Alex.

diadromous mermaid
QUOTE(FutureAmerican @ Feb 16 2008, 07:34 PM) *
Hi all,

I was wondering if it's at all possible to upgrade from a CR1 to an IR1 before the CR1 expires? My wife and I were married on August 17th 2006, and I got my CR1 in July 2007, emigrated September 2007. Our 2 year wedding anniversary will be this year, and I would really like to upgrade to an IR1 if at all possible, as opposed to waiting until 2009, because it would help IMMENSELY with my job/career choice - in particular I would love to enlist in the USAF but they require it to be an IR1, no exceptions, whereas every single other branch accepts CR1 holders to enlist. Also, various civilian jobs which I applied for e.g. Crime Analyst/CSI in Vegas Police Department also require green card holders to be on an IR1 rather than a CR1.

My wife and I have even considered moving back to England, and then re-filing for an IR1 from there after our 2 year anniversary passes, because it's so frustrating right now with jobs. At the end of the day, if it's not an option, then I'll enlist in another branch of the military e.g. Coast guard or Army, but the Air Force has always been my dream and it's really annoying that they're the only branch which requires it (I spoke to an Air Force recruiter to check if it was something I could get a waiver for, but unfort there's no way they can help me - even though I intend to apply for US Citizenship ASAP through the expedited route the military offers (I'll be able to get it 2-4 months after completing Boot Camp). Apparantely the reasoning behind the requirement is that they are concerned that the CR1 holders may "forget" to apply for lifting of conditions while in the service and so fall out of legal status, which is total bull IMHO as the majority of green card holders who enlist are planning on getting their Citizenship ASAP, and so wouldn't even need to worry about applying for lifting of conditions.

Anyhow, thankyou to all for any advice or opinions - even if it's just to confirm that I'd have to wait until 2009 to lift conditions, as I just want to make sure the USAF/Vegas PD is totally out until 2009, before I go and enlist in another branch.

Alex.


Unfortunately, *you* don't have that option, you are awarded C R-1 status at the time you are approved because the marriage was less than 2 years and that is statutory language in the INA.
jsnearline
Personally I think people should be eligible to file the I-751 as soon as they hit their second wedding anniversary. Why should an applicant be penalized for the slow speed at which USCIS processes adjustments. Unfortunately that's not how the system is set up.

You might try to get in touch with your Member of Congress to see if they can help you get a waiver from the Air Force. I would think that with things the way they are, the military would take all the help it can get.
FutureAmerican
Thankyou both for the replies! I spoke to an Air Force Recruiter, and he passed it up the chain of command to check if there was any way I could get a waiver etc, perhaps with the support of a Senator or similar. Unfortunately there was no way I could get one, even though I have a totally clean criminal record, no medical issues, and scored a 98 out of 99 on the ASVAB (Armed Services Vocational Aptitude Battery).

Still, the good news is that none of the other services have issues with the CR1/IR1 issue, so it looks like I'll be doing a tour in the Coast Guard initially, and saving the USAF for a future option!
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