QUESTION: My US citizen wife sponsored me for an immigrant visa. I was issued the immigrant visa under the CR1 category, because I was issued the visa before our 2nd anniversary. But I will enter US for the first time after our two-year anniversary. Will I get a 10-years green card, or will I get a 2-years green card? Do I need to inform the CBP officer at the port of entry that I have been married for more than two years? Are the CBP officers at the port familiar with such cases?
THE IMMIGRATION ANSWER MAN: If your first time entering the US on your immigrant visa is after your 2nd anniversary, then you should get the standard 10-year green card, not the 2-year Conditional Resident (CR-1) green card. But the CBP officer may not be paying attention to that, so you should bring it to the attention of the CBP officer inspecting you. You should bring your original marriage certificate with you when you travel, to show them if necessary.
In that situation, if you do end up receiving the 2-year card, then you should file a Form I-90 Application for Replacement Permanent Resident Card to have USCIS send you the 10-year card. You can do that right away and need not wait until you are near the expiration date of the 2-year card. You should NOT use the Form I-751 Petition to Remove Conditions on Residence in that situation.
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Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to [email protected] Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing, and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.