Cr1 change status to Ir1

[NickHua]

Let try to explain a little better. We have the Cr1 visa right now. We have her green card and social security card. We came to the United States in late October 2017. I think we need to change from Cr1 to Ir1 three months before our second anniversary. Our second anniversary is December 15, 2018. Which forms do we need to fill out? We don’t know exactly what to do? Thank you

[Randy W]

Let try to explain a little better. We have the Cr1 visa right now. We have her green card and social security card. We came to the United States in late October 2017. I think we need to change from Cr1 to Ir1 three months before our second anniversary. Our second anniversary is December 15, 2018. Which forms do we need to fill out? We don’t know exactly what to do? Thank you

 

 

You have a visa. You have (she has) a green card upon processing at the POE.

 

There is nothing more to do until 90 days before her green card expires. THIS is when you file to remove conditions.

 

Sorry, but you missed the boat as far as getting a 10 year card upon arrival. She would have had to have entered the U.S. AFTER the 2 year anniversary in order to get the 10 year card.

 

In order to get an IR1 visa, she would need to return to China, rescind her green card, and begin the I-130 process all over again.

 

HINT: It'll be the SAME visa she already has!

Edited May 5, 2018 by Randy W (see edit history)

[dnoblett]

Then the visa is used and is now canceled, nothing is needed to be done with the single use visa after it's use, she is now a lawful permanent resident with a two year conditional green card.

 

Removal of conditions is not based on marriage anniversary, it is based on 2 years of residency, thus you file the I-751 within 90 days before the 2 year conditional card expires.

 

Thus you file the I-751 a couple months or so prior to October 2019...

[Randy W]

Let try to explain a little better. We have the Cr1 visa right now. We have her green card and social security card. We came to the United States in late October 2017. I think we need to change from Cr1 to Ir1 three months before our second anniversary. Our second anniversary is December 15, 2018. Which forms do we need to fill out? We don’t know exactly what to do? Thank you

 

 

The "two year anniversary", for immigration purposes, will occur in October, 2019. You will need to file the I-751 somewhere during late July to late October of 2019.

 

She has a green card. This SUPERCEDES any need for ANY visa.

[dnoblett]

Study topics tagged I-751 http://candleforlove.com/forums/tags/I-751/ but this won't be a factor until October 2019.

 

For now just build a file of relationship evidence.

Edited January 2, 2021 by Randy W (see edit history)