What visa do I file for?

[tryjahluv1101 0]

I am needing some serious advice. I've reached the end of the process with a cc date of Nov 4th and we are expecting an interview date any day now. I was going through info and guides on the site and came across this

Differences Between IR1 and CR1 Visas

• IR1 (IR stands for "Immediate Relative") Visas entitle their holder to receive Permanent Residency within the United States for a period of 10 years (may be renewed)
• CR1 (CR stands for "Conditional Residency") Visas entitle their holder to receive "Conditional" Permanent Residency within the United States for a period of 2 years

I filed for a CR1 visa. We have been married since July 2014. I need my husband with me in the U.S. for more than 2 years.

Can someone please offer some advice. Am I reading this wrong? Did I file for the wrong Visa?

Any advice is greatly appreciated.

Edited December 30, 2015 by tryjahluv1101

[aleful 1,905]

hi

because you have been married for less than 2 years, your husband will get a 2 year GC, up to 90 days before the card expires he must remove conditions and prove again that you have a bonafide marriage in order to obtain the 10 year GC

Edited December 30, 2015 by aleful

[Meant2B 8]

It's because your marriage is less than 2 yrs old. You will have to prove bonafide marriage again before the 90 days expiration of the CR1 you need to request the removal of the conditions, then he will get the 10 yrs if approved. It's a safety net the government put to ensure its not a scam marriage. Frauds in the past are why it's so difficult now

[tryjahluv1101 0]

Thanks for the information. Proving a bonafide marriage will not be an issue. Is a 10 year visa our only option? How does he become a permanent resident? We filed the CR1 thinking it would be less of a hassle, but it seems we still have to do some adjusting. July 2016 will mark our 2 year anniversary. If I'm reading the statements online correctly; I assume we will not have to remove any conditions. is that correct? If we do have to remove conditions, is it a tedious process?

[Ryan H 3,856]

Thanks for the information. Proving a bonafide marriage will not be an issue. Is a 10 year visa our only option? How does he become a permanent resident? We filed the CR1 thinking it would be less of a hassle, but it seems we still have to do some adjusting. July 2016 will mark our 2 year anniversary. If I'm reading the statements online correctly; I assume we will not have to remove any conditions. is that correct? If we do have to remove conditions, is it a tedious process?

There is no 10 year visa that is available to you and CR-1 visa holders don't do any "adjusting" as far as immigration processes are concerned.

Given that the visa must be used prior to the expiration date printed on it, you probably won't be able to delay entry to your anniversary date in July unless you have an interview in late February or early March.

Removing conditions is a straightforward process; USCIS will want to see evidence of your lives as a married couple since arrival.

[NigeriaorBust 4,087]

If your husband enters the US before your second anniversary then he will get a 2 year conditional green card. If he enters after that date he will get a 10 year green card. If he starts with a 2 year card in 2 years you have to file for removal of conditions ( and pay some money ) then he will get a 10 year green card.

[mallafri76 1,012]

If I were you, I'd try and hold off entering the US until your two year anniversary, so your husband will get a 10-year green card from the start. If you do, no having to deal with US immigrations again with removing conditions, filling out forms, more evidence, more fees to pay... God knows we've done that more than enough going through the CR/IR-1 process, right?! And it's December 30th today and you still haven't gotten an interview date so I think there's a fair chance your interview won't be until February.

Things to consider though: The medical is valid six months and the police cert is valid a year. So the earliest your husband can have his medical is January 20th and you'll probably need to get a new police cert for the interview, as the police cert for country of residence is only valid for a year and they want it to be at least three months left on it at the time of interview. Because NVC took so long processing our case, I got a 221(g) at my interview telling me I need to provide them with a new police cert, so it's no issue but you can get ahead of it by applying for a new police cert already now.

[tryjahluv1101 0]

Thanks for the information @mallafri76. Our police certificate was dated in August, so it will still be valid. If my husband interviews in February, is there a time frame he has to come into the U.S. Will he need to update anything to come in the country, or just for the interview?

[NikLR 13,232]

Just the interview.

[tryjahluv1101 0]

Once the visa is approved, how long can we wait before he comes to the U.S? Does it expire? We have decided to wait until after our 2 year anniversary and avoid the extra paperwork.

[aleful 1,905]

hi

yes it expires, there will be a stamp in the passport with an expiration date, usually it is 6 months from the time the medical exam was done

[tryjahluv1101 0]

Thank you @aleful. If our prayers are answered We will get an early March interview, we will try to get the medical as late as possible (before the interview) and book tickets after our 2nd year anniversary in late July. I pray this all comes together.

[tryjahluv1101 0]

If my husband comes prior to our 2 year anniversary and gets his 2 year GC, will he be able to seek employment?

Does anyone know the full process for removing conditions?

[aleful 1,905]

hi

of course he can work he will be a legal permanent resident with a 2 year GC

before the card expires, he can file for removal of conditions up to 90 days prior to the expiration date