drzeus

Hi, I was in the same situation when my CR-1 was approved last year. I applied in 2005 for my CR-1 and due to circumstances only finalised my Visa process last year hence married for 4 years prior to receiving Green Card. The fact that I was allocated a visa in 2005 was the determining factor, I had assumed it would be amended to IR-1 in due course but this was not the case. I don't have a problem with it as you are better to have it than open another potential can of worms and paperwork hassle. My take on it is to simply get on with living in the US and apply to remove conditions 90 days before expiry and then apply for citizenship the following year therefore nullifying the 10 year card anyway. Take advantage of being married to a US Citizen and apply for naturalization after 3 years taking away the visa issue. Regards drzeus

S Folinsky

Your situation is not similar. From the way you describe it, you were supposed to have been admitted as an IR-1.

drzeus

I spent plenty of time on the phone to the US Embassy in London and USCIS in the States after receiving the CR-1, none of the operators I communicated with were of assistance in taking the steps to amend to an IR-1. I had an unusual case also that I had to enter the US within 6 weeks of receiving the visa within my passport. All has worked out so far and I hope my path to citizenship goes smoothly after application to remove conditions is done next year.

ian-mstm

That they weren't willing to assist you, doesn't mean that it couldn't have been changed. Why didn't you simply make an InfoPass appointment and speak to someone face to face? You might even be able to take care of that now.


I'd be interested to know why you had to enter within 6 weeks. Usually, you have 6 months to enter the US after the visa is in your passport.

Ian

Rete

Believe it was because his medical would have expired within that timeframe.

S Folinsky

What do the instructions on the I-90 form say? No advice intended nor given.

Noorah101

drzeus,

Since your dilemma was so different from the OP's, I created a new thread for you.

Rene
Moderator

lansbury

You should have pointed it out at the POE when you came in on your visa. They can change it on the spot to an IR-1 if those conditions are met when they grant you entry.

Rete

I'm assuming since you are using the term visa and not AOS, then you received an immediate relative visa at the US Consulate abroad. How did you keep the process open for 4 years without adjudicating it within the few months of its validity?

It has nothing to do with the date you were allocated a visa but when the visa, itself, is activated at the POE. If that was after your second wedding anniversary then it is up to the agent at the POE who inspected you to indicate that the PR status is for LPR and not CPR.

Many people have spoken up at the POE and advised the agent of their wedding anniversay and have had the notation entered LPR.