CR1 visa got approved 2 months before our wedding anniversary

[apple_28pie 0]

My visa has been approved 2 months before our wedding anniversary. So what happen now to the conditional status of my visa as it will be less than 90 days already which is required by the INS to file for the petition in lifting my conditional status? or can i postpone my entry to the US and wait until the wedding anniversary be finish? will that automatically give me a permanent resident status? please help..thank you

[Chloezilla 2]

I've read that they visa is active from you entering the US.

If you enter before 2 year anniversary you get a 2 year green card, if its after your anniversary it will be a 10 year.

So I would probably wait until your anniversary. Hope someone can back me up in saying that?

I'm 90% sure I'm right.

[Penguin_ie 6,004]

You are missunderstanding when you have to file for ROC (removal of conditions)- it's 2 years after you get your greencard, IF you are married less than 2 years when you get the greencard, not 2 years after you are married. So you have two options:

- Enter the USA after your 2 year anniversary, get ten year greencard right away. Maybe sure to carry a copy of your marriage cert and point out the anniversary has passed to the immigration officer at the border so they send you the right card.

- Enter the USA now, get 2 year greencard, remove conditions 2 years from now.

[Hypnos 6,579]

Enter the US on or after your 2-year wedding anniversary. While being processed in secondary make sure you mention that you have now been married for two years and you will receive a full 10 year green card instead of a 2 year conditional one.

[milimelo 4,972]

What anniversary are you talking about? 1st, 2nd? If it's the first one, nothing you can do about it - go activate your visa and be prepared to remove conditions in 90 days prior to your conditional green card expiry (2 years after POE).

If it's the second anniversary, wait to enter the US at or after your 2nd anniversary date - make sure to bring your marriage certificate, make sure to double check with the CBP/IO person processing your that they give you IR status and not CR status.

[Ryan H 3,932]

Moved from Progress Reports to Process & Procedures.

[apple_28pie 0]

Thank you so much! so it's not also true from i heard that issuing of green card whether a temporary or permanent one is not base on the date of approval of the visa. Because they are telling even if I delay my entrance in the US, i would still be receiving the 2 year green card instead of the 10 year because our marriage is still less than 2 years at the time of my approval.

[NikLR 13,235]

Thank you so much! so it's not also true from i heard that issuing of green card whether a temporary or permanent one is not base on the date of approval of the visa. Because they are telling even if I delay my entrance in the US, i would still be receiving the 2 year green card instead of the 10 year because our marriage is still less than 2 years at the time of my approval.

Just to clarify: It is "conditional" vs "immediate" not temporary vs permanent.

Your POE date is what determines if you have an immediate relative 10 year green card or a conditional relative 2 year green card.