Conditional or Permanent Green Card - timing question

[StuckInUkraine 0]

Hi! I have the following question:

My wife has just been issued a CR1 Immigrant Visa and she has to enter the US by October 30. Our two year marriage anniversary is September 14. I would like to find out if she will be issued a temporary or a permanent green card when she enters the US, and if that will be affected by her date of entry (whether she enters the US before or after September 14).

The USCIS site reads as follows:

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is aconditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

If these rules are strictly followed, than the arrival date later than September 14 would avoid the temporary GC. At the same time, it states we can petition to remove the Conditional status 90 days before the two year anniversary.

I called the USCIS, but they can not give me a straight answer.

Does anyone know how this works or had a similar predicament?

Any help is greatly appreciated! Thank you in advance.

[dwheels76 5,486]

Hi! I have the following question:

My wife has just been issued a CR1 Immigrant Visa and she has to enter the US by October 30. Our two year marriage anniversary is September 14. I would like to find out if she will be issued a temporary or a permanent green card when she enters the US, and if that will be affected by her date of entry (whether she enters the US before or after September 14).

The USCIS site reads as follows:

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is aconditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

If these rules are strictly followed, than the arrival date later than September 14 would avoid the temporary GC. At the same time, it states we can petition to remove the Conditional status 90 days before the two year anniversary.

I called the USCIS, but they can not give me a straight answer.

Does anyone know how this works or had a similar predicament?

Any help is greatly appreciated! Thank you in advance.

If you want a 10 year green card you enter anytime after September 14th. Before you will get a 2 year Conditional Green card.

At the POE have marriage certificate in hand and remind the CBP so they don't overlook. It's that simple.

[caramelbarbie 0]

Hi! I have the following question:

My wife has just been issued a CR1 Immigrant Visa and she has to enter the US by October 30. Our two year marriage anniversary is September 14. I would like to find out if she will be issued a temporary or a permanent green card when she enters the US, and if that will be affected by her date of entry (whether she enters the US before or after September 14).

The USCIS site reads as follows:

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered conditional. The immigrant visa is aconditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouses entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

If these rules are strictly followed, than the arrival date later than September 14 would avoid the temporary GC. At the same time, it states we can petition to remove the Conditional status 90 days before the two year anniversary.

I called the USCIS, but they can not give me a straight answer.

Does anyone know how this works or had a similar predicament?

Any help is greatly appreciated! Thank you in advance.

it says you can petition to remove the conditional status 90 days before the 2-year anniversary of her entry into the US not the two year anniversary of your wedding. get it?

your case is very straight-forward, all she needs to do is enter the US after sept 14 and you're good to go. whats the hurry? do you really want to risk getting a 2-year conditional green card when you can wait for only 6 more weeks and get an unconditional 10-year green card?

my dear you don't have a predicament

[NikLR 13,234]

Hi! I have the following question:

My wife has just been issued a CR1 Immigrant Visa and she has to enter the US by October 30. Our two year marriage anniversary is September 14. I would like to find out if she will be issued a temporary or a permanent green card when she enters the US, and if that will be affected by her date of entry (whether she enters the US before or after September 14).

(...)I called the USCIS, but they can not give me a straight answer. Does anyone know how this works or had a similar predicament? Any help is greatly appreciated! Thank you in advance.

If your wife enters the USA after your 2 year anniversary with marriage certificate in tow, she should be granted IR1 status and recieve a 10 year green card with no ROC to complete. Make sure the POE stamp says IR1. When you recieve the hard copy green card, also make sure the expiration and designation are correct. Have you paid the new immigrant fee via ELIS yet? Edited July 29, 2014 by NLR