CR-1 Conditional Residence Visas / Green Cards

Hiya,

I remember recentltly telling a few people that if you have a CR-1 Visa (married less than 2 years on day of entry) as the result of your interview that you apply to remove the conditions of residence 90 days before the expiration of the 1 year green card you / your spouse were granted on entering the US.

My bad.

The correct information is this, from the embassy website. My appologies. Luckily this shouldnt effect anyone at all but I thought Id put the right info out there ASAP.


"Applicants who qualify for a visa on the basis of a marriage which was entered into less than two years prior to the date on which he/she is admitted into the United States as an immigrant, or in the case of a fiancé(e) visa holder completes an application for an adjustment of status, will be granted conditional resident status for a two year period. Ninety days before the two year anniversary of being granted conditional resident status, both the petitioner and conditional resident will be required to file a petition, form I-751, with the Immigration and Naturalization Service to have the conditional resident status removed."

So the conditional resident's green card is valid for 2 years.

Take care all,
Sarah

Thanks Sarah.
After that, then what? Does it have to be renewed every two years?

thankfully no, when you remove the conditions (essentially renew the first green card) the replacement green card is valid for 10 years. from there you can either decide to apply for a passport or renew your green card for another 10 years.

thankfully no, when you remove the conditions (essentially renew the first green card) the replacement green card is valid for 10 years. from there you can either decide to apply for a passport or renew your green card for another 10 years.

Obviously you can't just 'apply for a passport' as you must be approved for naturalisation first, pass the exam, and attend the oath ceremony. Only then can you get a US passport (you must have been a PR for 3 years if married to a USC).

Sorry to be pedantic 

I dont think anyone here thinks you can just APPLY for a passport. Its slang - the only real reason to apply for nationality is to obtain a passport. I trust my fellow membershere to know the process well enough not to assume such jumps are possible.

My DH had that condition on his greencard, and it took ages for us to get that stupid condition taken off.  The INS is so backed up that they're just holding everyone off who have (in their minds) minor conditions.  Our wonderful lawyer got it all sorted for us and the interview was a piece of cake!

We just got David's visa in the mail (just now! whee!) and I'll copy what his letter says about it below, just for further clarification (or confusion?)...

If at the time of admission to the United States you will not have celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of Section 216 of the Immigration and Nationality Act. Under this provision, you will be granted conditional permanent residence by an officer of the U.S. Department of Homeland Security, Bureau of Citizenship and Immigration Service (BCIS) at the time of your admission to the United States.

As a result, you and your spouse must file a joint petition with the BCIS to have the conditional basis of your status removed. The petition must be filed within a 90 day period immediately preceding the second anniversary of the date you were granted conditional resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent residence status will be terminated automatically and you will be subject to deportation from the United States.

Sara, thats what Martin's said and although it sounds very clear - it isnt. The IOs in the US have no idea how to treat CR-1s. As evidenced by Fizz's experience. Well, all we can hope for its that this backlog is cleared in 2 years time! hehe

I dont think anyone here thinks you can just APPLY for a passport. Its slang - the only real reason to apply for nationality is to obtain a passport. I trust my fellow membershere to know the process well enough not to assume such jumps are possible.

Considering some people seem to think you automatically become a USC (or UKC) just by marrying one, nothing would surprise me.

I like to give people credit where credit is due and the people getting this far into the repat process probably know better.

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