IR-1 and CR-1, kind of confuse

[mrwill]

For anyone still looking at this thread, I think I have a partial answer for my question from what I read. However, I need to ask a couple of things to make certain. My wife just arrived and we are on a CR-1 visa. She has the I-551 stamp in her passport which says 1 tear, so I assume this is the temporary permanent resident status. Our 2-year anniversary will be May 22, 2011. So, within 90 days of that I need to file I-751, right? And then, do I still need to file an I-485 for a 10 year GC? Also, does she basically have the 2 year one now? The papers she received from the POE is only a sheet telling her her SSN will mailed within 3 weeks. I am a little confused as to her status at this time. Any help with this is greatly appreciated. Thank you in advance.

 

Will

[dnoblett]

For anyone still looking at this thread, I think I have a partial answer for my question from what I read. However, I need to ask a couple of things to make certain. My wife just arrived and we are on a CR-1 visa. She has the I-551 stamp in her passport which says 1 tear, so I assume this is the temporary permanent resident status. Our 2-year anniversary will be May 22, 2011. So, within 90 days of that I need to file I-751, right? And then, do I still need to file an I-485 for a 10 year GC? Also, does she basically have the 2 year one now? The papers she received from the POE is only a sheet telling her her SSN will mailed within 3 weeks. I am a little confused as to her status at this time. Any help with this is greatly appreciated. Thank you in advance.

 

Will

The stamp indicates 1 year because a card should show up in the mail before then, it WILL be a 2 year conditional card, you will file the I-751 within 90 days of her 2 year anniversary of green-card status (90 days before the actual card's expiration), NOT marriage anniversary.

 

She is a green-card holder and so is not adjusting status from NON-immigrant (K-Visa) to IMMIGRANT so you will not be filing an I-485.

 

Only way to have avoided filing I-751 would have been to enter the USA on the CR-1 AFTER 2 years of marriage, which would have been next May.

[mrwill]

For anyone still looking at this thread, I think I have a partial answer for my question from what I read. However, I need to ask a couple of things to make certain. My wife just arrived and we are on a CR-1 visa. She has the I-551 stamp in her passport which says 1 tear, so I assume this is the temporary permanent resident status. Our 2-year anniversary will be May 22, 2011. So, within 90 days of that I need to file I-751, right? And then, do I still need to file an I-485 for a 10 year GC? Also, does she basically have the 2 year one now? The papers she received from the POE is only a sheet telling her her SSN will mailed within 3 weeks. I am a little confused as to her status at this time. Any help with this is greatly appreciated. Thank you in advance.

 

Will

The stamp indicates 1 year because a card should show up in the mail before then, it WILL be a 2 year conditional card, you will file the I-751 within 90 days of her 2 year anniversary of green-card status (90 days before the actual card's expiration), NOT marriage anniversary.

 

She is a green-card holder and so is not adjusting status from NON-immigrant (K-Visa) to IMMIGRANT so you will not be filing an I-485.

 

Only way to have avoided filing I-751 would have been to enter the USA on the CR-1 AFTER 2 years of marriage, which would have been next May.

 

 

Great. Thanks for the quick response. So, no I-485, but after filing the I-751 next Feb.-Mar. will this automatically drive the 10 year GC to arrive later? Basically, the I-751 is the AOS (GC) I need and no other files to be had for 10 years? Thanks again for the response.

[dnoblett]

For anyone still looking at this thread, I think I have a partial answer for my question from what I read. However, I need to ask a couple of things to make certain. My wife just arrived and we are on a CR-1 visa. She has the I-551 stamp in her passport which says 1 tear, so I assume this is the temporary permanent resident status. Our 2-year anniversary will be May 22, 2011. So, within 90 days of that I need to file I-751, right? And then, do I still need to file an I-485 for a 10 year GC? Also, does she basically have the 2 year one now? The papers she received from the POE is only a sheet telling her her SSN will mailed within 3 weeks. I am a little confused as to her status at this time. Any help with this is greatly appreciated. Thank you in advance.

 

Will

The stamp indicates 1 year because a card should show up in the mail before then, it WILL be a 2 year conditional card, you will file the I-751 within 90 days of her 2 year anniversary of green-card status (90 days before the actual card's expiration), NOT marriage anniversary.

 

She is a green-card holder and so is not adjusting status from NON-immigrant (K-Visa) to IMMIGRANT so you will not be filing an I-485.

 

Only way to have avoided filing I-751 would have been to enter the USA on the CR-1 AFTER 2 years of marriage, which would have been next May.

 

 

Great. Thanks for the quick response. So, no I-485, but after filing the I-751 next Feb.-Mar. will this automatically drive the 10 year GC to arrive later? Basically, the I-751 is the AOS (GC) I need and no other files to be had for 10 years? Thanks again for the response.

If she just arrived here lets say this past October, you will not be filing the I-751 until at least Aug 2012 (90 days BEFORE her second aniversary of entry to the USA on the CR-1 visa.)

 

Two years of marriage has nothing to do with when you file the I-751 to remove conditions, it is TWO years of conditional status that does.

 

IF you get green-card status AFTER two years of marriage then there would be no conditions. Your wife got green-card BEFORE 2 years of marriage so will get a 2 year conditional green-card.

 

Do not confuse 2 years of marriage with 2 years of conditional LPR status, they are NOT the same.

Edited November 4, 2010 by dnoblett (see edit history)

[mrwill]

If she just arrived here lets say this past October, you will not be filing the I-751 until at least Aug 2012 (90 days BEFORE her second aniversary of entry to the USA on the CR-1 visa.)

 

Two years of marriage has nothing to do with when you file the I-751 to remove conditions, it is TWO years of conditional status that does.

 

IF you get green-card status AFTER two years of marriage then there would be no conditions. Your wife got green-card BEFORE 2 years of marriage so will get a 2 year conditional green-card.

 

Do not confuse 2 years of marriage with 2 years of conditional LPR status, they are NOT the same.

 

 

Oh, I think I got it. So, she did arrive Oct 18 of this year. The 1 year I-551 stamp ensures that she will receive her 2 year GC in the mail in time. And then, we will wait until 90 days before 2 years of being here to then file I-751. After that, she will then receive the 10 year GC. Is that right? Also, if we decide to visit China in the meantime, it should be no problem with the 2 year GC as long as we are valid? If this is right, I thank you. You have described it quite clearly and I believe I understand it fully now. I much appreciate this as I was looking everywhere for the answer. This site is the best on net for the issues involving immigration and Chinese. You have been a huge help. Thanks again.

 

Will

Edited November 4, 2010 by dnoblett
Quote tags fixed (see edit history)

[dnoblett]

If she just arrived here lets say this past October, you will not be filing the I-751 until at least Aug 2012 (90 days BEFORE her second aniversary of entry to the USA on the CR-1 visa.)

 

Two years of marriage has nothing to do with when you file the I-751 to remove conditions, it is TWO years of conditional status that does.

 

IF you get green-card status AFTER two years of marriage then there would be no conditions. Your wife got green-card BEFORE 2 years of marriage so will get a 2 year conditional green-card.

 

Do not confuse 2 years of marriage with 2 years of conditional LPR status, they are NOT the same.

 

 

Oh, I think I got it. So, she did arrive Oct 18 of this year. The 1 year I-551 stamp ensures that she will receive her 2 year GC in the mail in time. And then, we will wait until 90 days before 2 years of being here to then file I-751. After that, she will then receive the 10 year GC. Is that right? Also, if we decide to visit China in the meantime, it should be no problem with the 2 year GC as long as we are valid? If this is right, I thank you. You have described it quite clearly and I believe I understand it fully now. I much appreciate this as I was looking everywhere for the answer. This site is the best on net for the issues involving immigration and Chinese. You have been a huge help. Thanks again.

 

Will

Yep you get it.

 

Filing I-751 is removal of conditions and the resulting green-card will be set to expire 10 years later, note the card expires, however LPR status does not, you have two options after getting the 10 year card:

1. File an I-90, within 90 days of Ten Year card expire to get another 10 year card.
2. OR, File an N-400 starting within 90 days after having green-card for THREE years and become a US Citizen.

Yes the green-card will allow for entries from trips abroad, in fact he I-551 stamp also allows this.

 

Note: A green-card holder does not need a visa to visit Canada, Mexico, or the Caribbean.

[mrwill]

If she just arrived here lets say this past October, you will not be filing the I-751 until at least Aug 2012 (90 days BEFORE her second aniversary of entry to the USA on the CR-1 visa.)

 

Two years of marriage has nothing to do with when you file the I-751 to remove conditions, it is TWO years of conditional status that does.

 

IF you get green-card status AFTER two years of marriage then there would be no conditions. Your wife got green-card BEFORE 2 years of marriage so will get a 2 year conditional green-card.

 

Do not confuse 2 years of marriage with 2 years of conditional LPR status, they are NOT the same.

 

 

Oh, I think I got it. So, she did arrive Oct 18 of this year. The 1 year I-551 stamp ensures that she will receive her 2 year GC in the mail in time. And then, we will wait until 90 days before 2 years of being here to then file I-751. After that, she will then receive the 10 year GC. Is that right? Also, if we decide to visit China in the meantime, it should be no problem with the 2 year GC as long as we are valid? If this is right, I thank you. You have described it quite clearly and I believe I understand it fully now. I much appreciate this as I was looking everywhere for the answer. This site is the best on net for the issues involving immigration and Chinese. You have been a huge help. Thanks again.

 

Will

Yep you get it.

 

Filing I-751 is removal of conditions and the resulting green-card will be set to expire 10 years later, note the card expires, however LPR status does not, you have two options after getting the 10 year card:

1. File an I-90, within 90 days of Ten Year card expire to get another 10 year card.
2. OR, File an N-400 starting within 90 days after having green-card for THREE years and become a US Citizen.

Yes the green-card will allow for entries from trips abroad, in fact he I-551 stamp also allows this.

 

Note: A green-card holder does not need a visa to visit Canada, Mexico, or the Caribbean.

 

 

Thanks a ton!!! This was the best help and information I have found anywhere. You are golden!!!

[bullmastiff]

Hi, Guys,

 

My wife picked up her visa and it states IR-1 as visa classification. We thought we should get CR-1 instead of IR-1.

 

Anyone can let me know the difference?

 

To my understanding, CR-1 means conditions (2 years) apply, and IR-1 means "No conditions". Is that right?

 

Thanks.

 

Alex

 

U r a lucky guy ; it saves u at least 500 bucks plus all those documents you need to compile in order to file the removal of CR-1 . I wish I could just get a job in China and hang out there for at least 2 years before doing all these bullshits. I hate spending moneys. That's why I don't understand why one even bothers with I-129F .

[Carl]

If she just arrived here lets say this past October, you will not be filing the I-751 until at least Aug 2012 (90 days BEFORE her second aniversary of entry to the USA on the CR-1 visa.)

 

Two years of marriage has nothing to do with when you file the I-751 to remove conditions, it is TWO years of conditional status that does.

 

IF you get green-card status AFTER two years of marriage then there would be no conditions. Your wife got green-card BEFORE 2 years of marriage so will get a 2 year conditional green-card.

 

Do not confuse 2 years of marriage with 2 years of conditional LPR status, they are NOT the same.

 

 

Oh, I think I got it. So, she did arrive Oct 18 of this year. The 1 year I-551 stamp ensures that she will receive her 2 year GC in the mail in time. And then, we will wait until 90 days before 2 years of being here to then file I-751. After that, she will then receive the 10 year GC. Is that right? Also, if we decide to visit China in the meantime, it should be no problem with the 2 year GC as long as we are valid? If this is right, I thank you. You have described it quite clearly and I believe I understand it fully now. I much appreciate this as I was looking everywhere for the answer. This site is the best on net for the issues involving immigration and Chinese. You have been a huge help. Thanks again.

 

Will

 

 

When Ying applied for her greencard we had a bit of a snag because I forgot to do the affidavits, but that was quickly rectified as soon as I got the RFE and she got her 10 yr greencard, but it soon became moot because as soon as she was eligible (3 years in the US), she applied for and got her US citizenship before her fourth.

[TheMace]

Question about when to send the I 751. My wife was issued her visa CR-1) in Dec 09, Being that she had the visa for less than 30 days before the year changed, we should send the I 751 in during the month of Sept. 2011 or 2012?

 

The other question is how long after submitting the I 751 until they nitify you of an interview date, reason being if we must submit it in Sept 2011 we will be in China for her mother's 90th birthday. I will return to the US in about two weeks after the celebration and my wife will remain a longer to visit. We just want to be sure she is back in the US if we must go for an interview.

 

Thanks,

Gary

[dnoblett]

Question about when to send the I 751. My wife was issued her visa CR-1) in Dec 09, Being that she had the visa for less than 30 days before the year changed, we should send the I 751 in during the month of Sept. 2011 or 2012?

 

The other question is how long after submitting the I 751 until they nitify you of an interview date, reason being if we must submit it in Sept 2011 we will be in China for her mother's 90th birthday. I will return to the US in about two weeks after the celebration and my wife will remain a longer to visit. We just want to be sure she is back in the US if we must go for an interview.

 

Thanks,

Gary

It is all based on when a person gets LPR status, if on an IMMIGRANT visa this is when a person enters the USA, not when they are issued a visa, the visa does not constitute LPR status, the moment they enter the USA does.

 

CR-LPR status starts at the POE, the earliest the I-751 can be filed is within 90 days before the CR-Green-card expires which is 2 years after entry to the USA on a CR-1 visa.

 

A CR-1 visa becomes an IR-1 visa in the event that a person enters the USA on the visa AFTER 2 years of marriage, thus a 10 year UN-Conditional card is issued, and no I-751 would be needed later.

 

In most cases of I-751 there will me NO interview, they simply approve it without an interview.

 

You are making this way more complex than it needs to be, simply note when the 2 year green-card expires and file the I-751 within 90 days before it does.

 

Your signature shows entry to USA Mar 5 2010, so the earliest you could file the I-751 is 12/6/2011 (90 days prior) if the 2 year card expires 3/5/2012

Edited November 6, 2010 by dnoblett
Add filing date note. (see edit history)