CR-1 / IR-1 Entry/Reentry Info

Ive got the low-down on entry with CR-1 and IR-1 visas, which are the immigrant visas the US grants to alien spouses (esp. though DCF).

This information is valid only for immigrant spousal visas. The beneficiaries of these visas did not go though the K-1 process and were present and settled with their spouse abroad when the application for the immigrant visa was made.

Spouses who have not had their second aniversary at the time of interview will be granted a CR-1 conditional permanent resident visa. If the spouse then goes on to enter the US on the CR-1 after their second aniversary, they will be automatically upgraded to an IR-1 permanent resident visa. The passport will then be stamped with an I-551 stamp which is the stamp equivilant of a green card. Make sure you look closely at your documents at your POE to make sure they've granted you the right kind of visa.

People upgraded to an IR-1 at their POE, having recieved their I-551 stamp will be free to come and go as they wish as well as work. You should be able to have your passport stamped at your POE with the I-551, and turn right round and fly out of the US again without getting hassle on your return.

People planning to stay out of the UK for more than a few months should consult their Embassy as their time away aproaches one year. If you are out of the US for more than one year once you have been allowed entrance you might not be allowed back in - so better to be safe than sorry.

Apparently people who are admitted to the US on a CR-1 do not have to apply to adjust their status after 2 years. I think a 2 year validity green card is granted and must be renewed shortly before the expiry date. As I understand it, IR-1 beneficiaries are givin a 10 year green card. Both are valid for multiple entires.

This information was gathered from people who have had first hand experience in this issue. I will shortly be able to confim it myself

Hope that helps,
Sarah

Thanks for that Sarah!

Quick question, for people's opinions:
We're planning on moving back at the end of December, probablythe 27th or 28th, so we can be back in the States for New Years Eve (my family's Christmas).

But that would actually be 3 months before our 2 year anniversary.

Is it worth it to spend another 3 months in England jsut so he enters as an unconditional resident, or is it really not that much of a hassle to be a conditional permanent resident? We'd still be applying for the visa before our 2 yr anniversary, he'd only be ENTERING the US after the anniversary... if that makes sense...

Also, if he's a conditional resident, will he get instructions somehow on when & where to do whatever paperwork is needed to become unconditional?

My advice is to if you can get the permanent residence from the start.  Some centers like the Vermont Service Center are processing I-751's to remove the conditions of residence from 2001!  The following site will give you the processing times for various areas of US immigration.

US IMMIGRATION BCIS PROCESSING TIMES

Depending on your service center it might be worth staying.  Then again if you are in a rush to get back you just have to go through the hassle of going down to the INS Office should your letter extending the green card expire.  The letter extending the green card is usually good for one year.  Should you not have the conditions removed by INS before then you have to go to your local office and have the letter extended.

Hope that helps.  I know it's confusing.  I mean it's not the end of the world if you have to wait to have the conditions removed its just a pain.

Also be aware that in many cases when you have applied for adjustment of status you are not able to travel out of the country without getting "parole" from your local office to travel.

Again not impossible to get just an annoyance.

BAH - how annoying.
We *think* we're moving in December as I've mentioned, but there's always the chance (strong one, actually) that David gets made redundant because his company keels over and dies, and we then immigrate a lot sooner.

So I suppose the easiest way to do it is to plan on actually flying over & moving next March/April (not this March/April) after our 2 year anniversary... but obviously is his job forces us to seek shelter in the arms of America, we're able to do it, just have to put up with an annoying process of extending his temporary green card every year....

sound right?

well for you I'd say yes..since you are so close to your anniversary I am not sure that on earth they would do.  You submit the I-751 6 months before your anniversary so...

I would defer to someone from immigration of this.  I can call them if you want. :-)  I love talking to INS.  

I can call them if you want. :-)  I love talking to INS.

While you're at it, can you just take charge of my entire brain for a few days? My midwife said I'd find eventually that an unborn baby is the ultimate parasite... and I'm definitely finding my brain mysteriously disappearing. How I think I'll get through the repat process (or atleast getting the info sorted!) whilst pregnant and with a teensy baby, I Do Not Know...

I can try but when your DH starts wondering why you have suddenly started singing in Spanish and acting mad he might be a tiny bit worried.

Or he'd just think I was Insane Pregnant Lady.
Which he already does.  

I agree with vnicepeeps about waiting. You'd be so so close to your anniversary that you might as well just stay put (unless of course your Hubby's job goes byebye) and avoid the whole removal of conditions jibberish and of course the added fees.

oh and I think that you apply to remove conditions of residence 6 mo or so before the second anniversary of the day you entered the US, not the second anniversary of your wedding. So for someone like marlespro, if second anniversary was jan 31 05 and they entered the us on jan 20 05 they'd have conditional resience with the conditions to be removed before jan 20 07. I think thats how it works anyway. otherwise if you entered so close to your second wedding anniversary you'd have to apply to remove the conditions of your residence as soon as you set foot in the US, which is nonsensical. then again... nonsensical is the definition of the BCIS

oh and not to mention, if you move over the holiday season you'll be looking at added cost of flights and car rental and blah blah blah.

The wording is actually .."You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident."


So Mars is right about it not being your wedding anniversary date.  My DH's green card date and our anniversary are so close I just confuse them.  It is however not the date of entry to the USA because it depends on how you enter the USA and under what type of Visa.

I hate all of this!  It takes everyone working together to figure these things out....now I know why people hire lawyers for this.

lol. I know what you mean. Funny thing is, most lawyers dont have a clue either! Immigration is a community effort

Thanks for that clarification, btw