IR-1 vs CR-1?

[MumtazG38 1]

Okay.......obviously the main difference is that you can apply for either one depending on how long you've been married right.....less than 2 years is CR-1 and 2 years or more is IR-1 right? CR-1 is supposedly conditional am I right? What does that mean.....and what does it mean for my husband and I in the long run and short?

Edited February 22, 2009 by MumtazG38

[trinket 30]

If you have been married less than 2 years then you get conditional greencard, that means your husband will get 2 year green card upon his arrival to US, and once he is in US you will have to apply for removing conditions to receive 10 year green card. I am not sure at what point of time you apply removing condition, as I was IR-1 beneficiary, but I think its 90 days before 2 year GC expires, someone can correct me.

For IR-1 couple, they automatically receive 10 year Green card upon arrival to US.

Edited February 22, 2009 by trinket

[pushbrk 12,202]

If you have been married less than 2 years then you get conditional greencard, that means your husband will get 2 year green card upon his arrival to US, and once he is in US you will have to apply for removing conditions to receive 10 year green card. I am not sure at what point of time you apply removing condition, as I was IR-1 beneficiary, but I think its 90 days before 2 year GC expires, someone can correct me.

For IR-1 couple, they automatically receive 10 year Green card upon arrival to US.

Exactly correct. You apply for an immigrant visa for a spouse and will recieve the one you qualify for on the issue date. You will then receive the status you qualify for on the entry date. It's possible to receive IR1 status when entering with a CR1 visa, if the two-year anniversary of the marriage occurs between visa issue and US entry.

[L179 1]

If you have been married less than 2 years then you get conditional greencard, that means your husband will get 2 year green card upon his arrival to US, and once he is in US you will have to apply for removing conditions to receive 10 year green card. I am not sure at what point of time you apply removing condition, as I was IR-1 beneficiary, but I think its 90 days before 2 year GC expires, someone can correct me.

For IR-1 couple, they automatically receive 10 year Green card upon arrival to US.

Exactly correct. You apply for an immigrant visa for a spouse and will recieve the one you qualify for on the issue date. You will then receive the status you qualify for on the entry date. It's possible to receive IR1 status when entering with a CR1 visa, if the two-year anniversary of the marriage occurs between visa issue and US entry.

So does one have to state the fact that the 2-year anniversary occured at the US Entry to qualify for the IR1 status instead of the CR1? Or at interview? Or after getting the CR1 visa and converting it to IR1 after entry to US?

[MaxOnline 0]

So does one have to state the fact that the 2-year anniversary occured at the US Entry to qualify for the IR1 status instead of the CR1? Or at interview? Or after getting the CR1 visa and converting it to IR1 after entry to US?

As soon as you enter the US you think Green Card NOT IR1/CR1... there's no such a thing as converting CR1 to IR1, but there's a conditional and unconditional Green Card...

[LA80 3]

So does one have to state the fact that the 2-year anniversary occured at the US Entry to qualify for the IR1 status instead of the CR1? Or at interview? Or after getting the CR1 visa and converting it to IR1 after entry to US?

In case you have celebrated your second anniversary before POE and have CR1 visa, you should point this out to the officers at POE. They are supposed to change your status from CR1 to IR1 and your GC should be unconditional. However, it happened to some people on this forum, including myself, that POE officers did not want to change the status, so a conditional GC was issued.

Just remember that you are entitled to unconditional GC if you are admitted after the second anniversary regardless of visa category.

Edited February 23, 2009 by LA80

[xylide 2]

So does one have to state the fact that the 2-year anniversary occured at the US Entry to qualify for the IR1 status instead of the CR1? Or at interview? Or after getting the CR1 visa and converting it to IR1 after entry to US?

In case you have celebrated your second anniversary before POE and have CR1 visa, you should point this out to the officers at POE. They are supposed to change your status from CR1 to IR1 and your GC should be unconditional. However, it happened to some people on this forum, including myself, that POE officers did not want to change the status, so a conditional GC was issued.

Just remember that you are entitled to unconditional GC if you are admitted after the second anniversary regardless of visa category.

what if your POE was 2 days or a week after ur anniversary?

[pushbrk 12,202]

So does one have to state the fact that the 2-year anniversary occured at the US Entry to qualify for the IR1 status instead of the CR1? Or at interview? Or after getting the CR1 visa and converting it to IR1 after entry to US?

As soon as you enter the US you think Green Card NOT IR1/CR1... there's no such a thing as converting CR1 to IR1, but there's a conditional and unconditional Green Card...

IR1 is the status noted on the 10 year card. CR1 status is noted on the 2 year card. A CR1 visa holder receives IR1 status if their US entry occurs on or after the two-year anniversary of their marriage.

[moonhunt 1]

Biggest difference between CR1 and IR1 is the word, "conditional".

With CR1, if you don't renew the conditional green card, you may loose your permanent residency.

With IR1, even if it has expiry date, technically you don't loose your permanent residency if it is expired.

You may have some problems because it is expired, but you can renew when you need it.

But CR1 is expired, then you are done.

If you miss the renewal time - from 90 days prior to 2 year anniversary date from GC issued date to 2 year anniversary date - for filing I-751 removing the condition , you will loose permanent residency.

[trinket 30]

About IR-1, I realise most people take citizenship and are done with the USCIS forever. But I don't plan to take citizenship, so what happens after 10 years.

--Do I have to go back to India to renew my IR-1

-- Hypothetically speaking what if my husband(petitioner) dies or we aren't together by 10 years time; will that effect of me renewing IR-1?

[moonhunt 1]

About IR-1, I realise most people take citizenship and are done with the USCIS forever. But I don't plan to take citizenship, so what happens after 10 years.

--Do I have to go back to India to renew my IR-1

-- Hypothetically speaking what if my husband(petitioner) dies or we aren't together by 10 years time; will that effect of me renewing IR-1?

As long as you are living in U.S., it will be o.k. for IR-1.

But you have to file I-90 when your I-551 permanent resident card is due for expiration.

That will cost $290 plus $80 for biometric.

Your permanent residency will not canceled as long as you maintain the residency in U.S.

But if your greencard (I-551 permanent resident card) is expired, you can not use the green card for travel, or other purpose.

So pretty much you have to renew it every 10 years.

You don't have to go back to India since you can file I-90 with USCIS in the U.S.

Permanent residency is granted to you, so your husband's death or divorce will not affect your permanent residency.

But if you make any crime or felony charge, you can be deported with permanent residency cancelation.

Also, if you travel too many times, or stay out of U.S.A for extended period, then USCIS may think that you are not living in the U.S., so they can cancel your permenant residency, and kicked out from the airport.

[trinket 30]

About IR-1, I realise most people take citizenship and are done with the USCIS forever. But I don't plan to take citizenship, so what happens after 10 years.

--Do I have to go back to India to renew my IR-1

-- Hypothetically speaking what if my husband(petitioner) dies or we aren't together by 10 years time; will that effect of me renewing IR-1?

As long as you are living in U.S., it will be o.k. for IR-1.

But you have to file I-90 when your I-551 permanent resident card is due for expiration.

That will cost $290 plus $80 for biometric.

Your permanent residency will not canceled as long as you maintain the residency in U.S.

But if your greencard (I-551 permanent resident card) is expired, you can not use the green card for travel, or other purpose.

So pretty much you have to renew it every 10 years.

You don't have to go back to India since you can file I-90 with USCIS in the U.S.

Permanent residency is granted to you, so your husband's death or divorce will not affect your permanent residency.

But if you make any crime or felony charge, you can be deported with permanent residency cancelation.

Also, if you travel too many times, or stay out of U.S.A for extended period, then USCIS may think that you are not living in the U.S., so they can cancel your permenant residency, and kicked out from the airport.

Thanks a bunch for the clarification. I just don't want to lose my Indian citizenship, US citizenship would be a great but as long as India doesn't allow dual citizenship, I would stay away from it and this clarification has really made things easy.

Thanks again

[LA80 3]

So does one have to state the fact that the 2-year anniversary occured at the US Entry to qualify for the IR1 status instead of the CR1? Or at interview? Or after getting the CR1 visa and converting it to IR1 after entry to US?

In case you have celebrated your second anniversary before POE and have CR1 visa, you should point this out to the officers at POE. They are supposed to change your status from CR1 to IR1 and your GC should be unconditional. However, it happened to some people on this forum, including myself, that POE officers did not want to change the status, so a conditional GC was issued.

Just remember that you are entitled to unconditional GC if you are admitted after the second anniversary regardless of visa category.

what if your POE was 2 days or a week after ur anniversary?

Same thing, your GC should be unconditional. The law clearly defines second anniversary, it does not mention 2 days after anniversary or 7 days after anniversary. There is only "before" and "after" that counts.

[xylide 2]

So does one have to state the fact that the 2-year anniversary occured at the US Entry to qualify for the IR1 status instead of the CR1? Or at interview? Or after getting the CR1 visa and converting it to IR1 after entry to US?

In case you have celebrated your second anniversary before POE and have CR1 visa, you should point this out to the officers at POE. They are supposed to change your status from CR1 to IR1 and your GC should be unconditional. However, it happened to some people on this forum, including myself, that POE officers did not want to change the status, so a conditional GC was issued.

Just remember that you are entitled to unconditional GC if you are admitted after the second anniversary regardless of visa category.

what if your POE was 2 days or a week after ur anniversary?

Same thing, your GC should be unconditional. The law clearly defines second anniversary, it does not mention 2 days after anniversary or 7 days after anniversary. There is only "before" and "after" that counts.

if given 2 year greencard, is it considered LPR?