Entering US on CR-1 2 years + 1 day after wedding gets you 10y GC?

[Wouter 142]

Hello,

We got married 2-2-2020 and the CR-1 visa process is taking so long that my wife may not get the CR-1 visa until December '21 or January '22.

Of course we are impatient for her to come and finally join me here in the US but from what I have read it seems that if she comes before February she will get a 2y conditional GC and we will have to go through the burdensome 'removal of conditions' process in about 2 years. Is it correct that if she waits until 2-3-2022 to enter the US, even with a CR-1 category visa in her passport, she should be issued a 10y GC without conditions?

 

Edited September 15, 2021 by Wouter

[Crazy Cat 41,981]

That is correct.  

[HRQX 4,145]

3 minutes ago, Wouter said:

Is it correct that if she waits until 2-3-2022 to enter the US

*2-2-2022 (or after) to enter with the Immigrant Visa results in 10-year GC.

 

Before 2-2-2022 results in 2-year GC; see INA 216(h)(1) for section regarding conditional (2-year) GC:

Quote

The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)-

(A) as an immediate relative (described in section 1151(b) of this title) as the spouse of a citizen of the United States,

(B) under section 1184(d) of this title as the fiancee or fiance of a citizen of the United States, or

(C) under section 1153(a)(2) of this title as the spouse of an alien lawfully admitted for permanent residence,

by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 1153(d) of this title.

[Saqib-s 188]

If you enter the USA after the two year anniversary, you are supposed to be sent a 10 year GC from the USCIS but in some cases this is missed; if this happens you can file a free I-90 to replace the green card due to a USCIS / DHS error. 

Edited September 15, 2021 by Saqib-s

[Ryan H 3,813]

Moved from Progress Reports to Process & Procedures.