CR1 after 2 years and 5 months of marriage

[hk68 0]

I am a CR1 visa cathegory holder, according to the immigration law, an immigrant is granted a CR1 or an IR1 depending on how old the immigrant's marriage, the day he/she is interviewed and granyed a visa, but my case is a little bit confusing, i have been married for 2 years and 5 months the day i was interviewed and granted a visa, even though I got a CR1 .did this happen to anyone else ? was it a mistake /?

[payxibka 10,045]

I am a CR1 visa cathegory holder, according to the immigration law, an immigrant is granted a CR1 or an IR1 depending on how old the immigrant's marriage, the day he/she is interviewed and granyed a visa, but my case is a little bit confusing, i have been married for 2 years and 5 months the day i was interviewed and granted a visa, even though I got a CR1 .did this happen to anyone else ? was it a mistake /?

actually it is the age of the marriage upon entry into the USA... not the visa issuance... regardless in your situation it should be IR

[pushbrk 12,975]

I am a CR1 visa cathegory holder, according to the immigration law, an immigrant is granted a CR1 or an IR1 depending on how old the immigrant's marriage, the day he/she is interviewed and granyed a visa, but my case is a little bit confusing, i have been married for 2 years and 5 months the day i was interviewed and granted a visa, even though I got a CR1 .did this happen to anyone else ? was it a mistake /?

actually it is the age of the marriage upon entry into the USA... not the visa issuance... regardless in your situation it should be IR

CR1 and IR1 are both visa categories and immigration status designators. A CR1 visa holder who uses the visa to enter the US after the second wedding anniverary is entitled to IR1 status upon entry.

[hk68 0]

yes I agree with both you and every one else will probably agree with us about this , anyways I have been in USA for 21 Months I did not find any kind of troubles , I work , I go to school , every thing is fine , but I will enter in the time frame a CR1 holder should file for condition removal , am I subject to this step ?

[pushbrk 12,975]

yes I agree with both you and every one else will probably agree with us about this , anyways I have been in USA for 21 Months I did not find any kind of troubles , I work , I go to school , every thing is fine , but I will enter in the time frame a CR1 holder should file for condition removal , am I subject to this step ?

Your post is a complete contradiction. First you say you'be been in the USA 21 months and then say you "will enter..." Please clarify.

[hk68 0]

there is no contradiction at all

yes I got my CR1 visa on July 2007 I moved to USA same month, and I have been living in usa for 21 months ,

a CR1 visa holder should file I-751, Petition to Remove Conditions on Residence within 90 days prior to his/her second anniversary of entering the USA , 21 months is few days away from entering the 90 days before my second anniversary in USA , NOW as a CR holder I think I will have to file form I 751 to remove the condition .

do you see any contradiction Sir ?

[lucyrich 20]

You don't have a timeline. Could you tell us the dates (at least the month and year) when the following things happened?

* You married

* You got an immigrant visa (IR-1 or CR-1)

* You first entered the US with an immigrant visa

Also, could you look at your green card and tell us the "resident since" date, and the expiration date? Again, just the month and year are close enough.

If you got a visa more than two years after you were married, it should have been an IR-1 visa. But it doesn't matter whether you got an IR-1 or CR-1 visa. They both serve the same purpose.

When you entered the US with an immigrant visa (whether IR-1 or CR-1) you would have gotten IR-1 or CR-1 status. If your marriage was over two years old on the date you entered the US, you should have been granted IR-1 status. If you were granted IR-1 status, you should have a green card that has an expiration date ten years after the "resident since" date. If you were granted CR-1 status, you should have a green card that has an expiration date two years after the "resident since" date.

If your marriage was less than two years old on the date you first entered the US with your immigrant visa, then you should file for removal of conditions, regardless of whether they gave you IR-1 or CR-1 status.

If your marriage was more than two years old on the date you first entered the US with your immigrant visa, then you should have IR-1 status and you shouldn't need to file for removal of conditions. If it appears they made a mistake on this point (and sometimes they do make mistakes), then you should make an infopass appointment to clear it up. It's probably better to make that appointment and get things fixed before you have completed two years in the US with LPR status.

Edited April 15, 2009 by lucyrich

[payxibka 10,045]

NOW as a CR holder I think I will have to file form I 751 to remove the condition .

Yes

[hk68 0]

thanx lucyrich,

here are some details

my marriage took place in Tunisia on February 14th 2005

February 17th 2005 I submitted the frorms I-130 and the others

May 2007 I submitted the affidavit of support , and it was approved

July the 3rd 2007 I had the interview and submitted my passport at the us embassy

July 10th I got my passport back with a CR1 in it

July 22 I left Algeria to USA

[daboyz 36]

thanx lucyrich,

here are some details

my marriage took place in Tunisia on February 14th 2005

February 17th 2005 I submitted the frorms I-130 and the others

May 2007 I submitted the affidavit of support , and it was approved

July the 3rd 2007 I had the interview and submitted my passport at the us embassy

July 10th I got my passport back with a CR1 in it

July 22 I left Algeria to USA

Should've been IR-1. I think you can make an infopass appointment and get this resolved.

[kaffy 2]

You should have made an Infopass appointment to have your CR1 status corrected to IR1 soon after you entered the country

Little too late now.. just have to sit tight and File to remove conditions

[LA80 3]

there is no contradiction at all

yes I got my CR1 visa on July 2007 I moved to USA same month, and I have been living in usa for 21 months ,

a CR1 visa holder should file I-751, Petition to Remove Conditions on Residence within 90 days prior to his/her second anniversary of entering the USA , 21 months is few days away from entering the 90 days before my second anniversary in USA , NOW as a CR holder I think I will have to file form I 751 to remove the condition .

do you see any contradiction Sir ?

If you got CR1 visa and entered the USA even one day after the second marriage anniversary, your Green Card should be unconditional and your status changed to IR1. What I understood from your post is that you had a GC with wrong status for over 20 months, and now you are not sure whether to apply for removal of conditions or not. If I were you, I would make an Infopass appointment ASAP, and see what do they advise. It is possible that they will tell you to file I-90. USCIS made a mistake by issuing a card with a wrong status, but you made a mistake because you waited so long to correct it.

[pushbrk 12,975]

there is no contradiction at all

yes I got my CR1 visa on July 2007 I moved to USA same month, and I have been living in usa for 21 months ,

a CR1 visa holder should file I-751, Petition to Remove Conditions on Residence within 90 days prior to his/her second anniversary of entering the USA , 21 months is few days away from entering the 90 days before my second anniversary in USA , NOW as a CR holder I think I will have to file form I 751 to remove the condition .

do you see any contradiction Sir ?

Now that you've clarified, there is no contradiction. The problem is that if you were already married for more than two years when the visa was issued, it should have been an IR1, not a CR1. Further, when you entered the USA, the card should indicate the IR1 status and have an expiration date ten years later. Does it? If so, problem solved. If not, instead of removing conditions, I would first see about getting the status you deserved without a filing fee you shouldn't need to pay.

[lucyrich 20]

thanx lucyrich,

here are some details

my marriage took place in Tunisia on February 14th 2005

February 17th 2005 I submitted the frorms I-130 and the others

May 2007 I submitted the affidavit of support , and it was approved

July the 3rd 2007 I had the interview and submitted my passport at the us embassy

July 10th I got my passport back with a CR1 in it

July 22 I left Algeria to USA

Should've been IR-1. I think you can make an infopass appointment and get this resolved.

Yep, that's what I'd do.

You're ineligible to file for removal of conditions, because you don't have conditional resident status to begin with. Note that, according to the law, whether or not you have conditional status is determined strictly by how much time elapsed between the date of your wedding and the date of gaining status -- the letters on your visa or green card have nothing to do with it.

But the letters on your green card and visa ARE used for bureacratic tracking, and determine when they start trying to take enforcement actions against you. While there should be an opportunity to straighten things out before they take serious action, there's really no telling what sort of mess things could get into if you don't straighten out the situation before your second anniversary of gaining green card status. I'd make that infopass appointment ASAP.

[GlobeHopperMama 95]

I know several people who have had this happen. They got it resolved fairly quickly. Crazy how often immigration messes this up! I believe an infopass appointment should be the first step to getting this cleared up. You do not want to have to do Removal of Conditions when you were entitled to an IR1!

Edited April 16, 2009 by guatetaliana