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The pesky two year rule.

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Hi! My husband is Australian and we are trying to apply for the CR-1 spousal visa for him to come over. We are applying in April. In July, we will have been married for two years. We read that couples who have been married less than two years will need to reapply after the two year mark. Will we need to reapply, or because it will be approved past the two year mark we will be ok?

Note, we have not applied previously.

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Hi! My husband is Australian and we are trying to apply for the CR-1 spousal visa for him to come over. We are applying in April. In July, we will have been married for two years. We read that couples who have been married less than two years will need to reapply after the two year mark. Will we need to reapply, or because it will be approved past the two year mark we will be ok?

Note, we have not applied previously.

You just need to apply for the I-130 and go through the process. If by the time of your visa approval you have less than two years of marriage, he will be given a conditional green card (good for 2 years) and he will have to remove conditions before his conditional card expires in order to get the permanent green card (good for 10 years), otherwise he will immediately get the permanent green card (good for 10 years).

Since the process from filing the I-130 to the interview and approval is taking from about 9 month to a year (more or less), you can apply any time now since you will certainly be more than two years married to him by the time of the interview and approval.

Good luck to you both!

Edited by cocolucho

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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You only need to go through this lengthy process once. (USCIS -> NVC -> Embassy, with many months of waiting)

If your husband enters the US before you two are married for 2 years, then he will receive a conditional green card. It is a valid green card on the condition that you two stay married. After you two have been married for two years, you can file a form to remove the condition which converts it to a regular green card (10-year duration with no conditions). It's a separate form, and could take a month or so to process, but it's nothing like the original filing you need to go through to get the initial green card. Moreover, you two can stay together during the filing, which is multitudes better.

Since you haven't started filing yet, and the total process will likely take ~1 year or more, you should go ahead and start as soon as possible. By the time he has his immigration visa to come to the US it will already be two years and he will get the green card without conditions on it, and you won't need to do anything else afterwards.

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By the time he arrives in the US he'll be past the two-year mark and will receive his 10-year GC. You're fine... Good luck with the process.

Hi! My husband is Australian and we are trying to apply for the CR-1 spousal visa for him to come over. We are applying in April. In July, we will have been married for two years. We read that couples who have been married less than two years will need to reapply after the two year mark. Will we need to reapply, or because it will be approved past the two year mark we will be ok?

Note, we have not applied previously.


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You only need to go through this lengthy process once. (USCIS -> NVC -> Embassy, with many months of waiting)

If your husband enters the US before you two are married for 2 years, then he will receive a conditional green card. It is a valid green card on the condition that you two stay married. After you two have been married for two years, you can file a form to remove the condition which converts it to a regular green card (10-year duration with no conditions). It's a separate form, and could take a month or so to process, but it's nothing like the original filing you need to go through to get the initial green card. Moreover, you two can stay together during the filing, which is multitudes better.

Since you haven't started filing yet, and the total process will likely take ~1 year or more, you should go ahead and start as soon as possible. By the time he has his immigration visa to come to the US it will already be two years and he will get the green card without conditions on it, and you won't need to do anything else afterwards.

Hey, thanks for the info.

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How hard is it to reapply for the 10 year GC?

You can probably check the link below and asked questions in that forum to see how the process is as I am not familiar with it yet:

http://www.visajourney.com/forums/topic/538413-i-751-march-2015-filers/

And/or you can also read the guide for it:

http://www.visajourney.com/content/751guide

Good luck :-)


*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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You can probably check the link below and asked questions in that forum to see how the process is as I am not familiar with it yet:

http://www.visajourney.com/forums/topic/538413-i-751-march-2015-filers/

And/or you can also read the guide for it:

http://www.visajourney.com/content/751guide

Good luck :-)

Thanks :)

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You only need to go through this lengthy process once. (USCIS -> NVC -> Embassy, with many months of waiting)

If your husband enters the US before you two are married for 2 years, then he will receive a conditional green card. It is a valid green card on the condition that you two stay married. After you two have been married for two years, you can file a form to remove the condition which converts it to a regular green card (10-year duration with no conditions). It's a separate form, and could take a month or so to process, but it's nothing like the original filing you need to go through to get the initial green card. Moreover, you two can stay together during the filing, which is multitudes better.

Since you haven't started filing yet, and the total process will likely take ~1 year or more, you should go ahead and start as soon as possible. By the time he has his immigration visa to come to the US it will already be two years and he will get the green card without conditions on it, and you won't need to do anything else afterwards.

He's currently located in Australia, so does that mean I won't get to see him for over a year? That sucks!

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He's currently located in Australia, so does that mean I won't get to see him for over a year? That sucks!

You are free to visit him and he may/may not be allowed to visit you. It depends what happens at the POE and if he can prove that he doesn't have immigrant intent when coming to visit during the CR-1 process.

Here is a thread dedicated to that question : http://www.visajourney.com/forums/topic/479894-yes-you-can-visit-ir1-cr1-version/

Edited by ZA_35

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