Understanding the Two-Year Rule for Conditional Green Cards

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Moving to a new country with your spouse is a life-changing journey filled with challenges, from adapting to a new culture to overcoming language barriers. Skilled legal guidance is crucial, during this transition, to simplify the complex process of securing your conditional residence spouse visa. At The Law Office of Kevin Dixler, our experienced CR1 visa attorneys are ready to support you every step of the way. Contact us today at 312-728-4610 to schedule a detailed one hour strategy session—we’re here to help make this process as smooth as possible. Let us be your voice.

What is the Difference Between CR1 and IR1 Visa Status?

The CR1 visa status is issued to married couples when:

• The couple has been married for less than two years.
• The marriage is legally valid both in the country where it occurred and in the United States.
• The U.S. citizen spouse must file a petition (Form I-130) to bring their foreign spouse to the U.S., proving the marriage is entered in good faith, that is, the couple plans to live together permanently.

On the other hand, IR1 visa status applies to couples who are married for two or more years ‘at the time’ that the adjustment of status is granted or the visa is used to enter the U.S. It grants the foreign spouse permanent residence without “conditional” status. 

Both visa statuses serve the same purpose but their durations depend on the length of the marriage ‘at the time’ of approval or admission.

How is the Conditional Status Removed from My Greencard?

To remove the conditional status, you and your spouse must file Form I-751, Petition to Remove Conditions on Residence, within the 3 month period before your green card expires. This process attempts to ensure the marriage is legitimate in that it is ‘not solely for immigration purposes.’  If the condition is not removed, your permanent resident status can be terminated if (1) you abandon your green card by departure; or (2) you qualify to file a self petition and do so at the correct time; or (3) you face deportation and renew your right to remove the condition for one of several reasons. 

How Do We Apply for a C-R1 Visa?

Getting your CR1 visa status can be a convoluted ordeal, filled with extensive paperwork combined with long waiting periods. This uncertainty can be emotionally overwhelming, especially when your future is in limbo. That’s why having a skilled, compassionate, and experienced legal team by your side is essential to navigate this undertaking without losing the trust that you have built up with your spouse.

CR1 visa status was created in 1986 by Congress to filter out marriages that are unlikely to last, particularly sham marriages that violate Federal criminal law. Regrettably, demonstrating that the marital relationship is not solely for immigration purposes can prove challenging at times.  This is true even when the relationship is in good faith, but spouses have emotional challenges or trust issues. This is why visa status is initially granted a conditional status, requiring additional steps to confirm the legitimacy of the marriage.

The steps for obtaining a CR1 visa status are: 

• Obtain copies of your certified marriage certificate, along with custody and divorce orders.
• Evaluating and seeking evidence that helps confirm that the spouses entered into a good faith relationship that has resulted in a marital commitment.
• Filing your petition (Form I-130). This is the petition your U.S. Spouse files on your behalf with U.S.C.I.S. We assist with this process to ensure all the proper information is submitted. 
• Documentation—Obtaining a CR1 status requires filing going through an additional process at U.S.C.I.S. or the National Visa Center.  It requires additional and more extensive documentation from both spouses. Your adjustment or visa packet must include a complete list of required documentation.  Our immigration attorneys will help you assemble all the necessary documents, when necessary. 
• Remember that obtaining lawful immigrant status is a significant investment for your family. It is essential to plan an appropriate budget to cover these expenses. It is wise to understand the process and pay all attorney and filing fees, if and when needed. Our lawyers can explain any fees that you don’t understand.  
• Waiting for the decision can be the most challenging part of the process. You are not alone. We are on your side and can answer your questions and address your concerns. 
• Once the I-130 petition is approved, and if CR1 status is granted, then the form I-751 will eventually need to be filed within two years. There are other forms needed during the marriage immigration process, as well. Your team at The Law Office of Kevin Dixler will help you with this form, which can be the most complex part of the process. 
• You will be required to complete a medical exam and/or fingerprinting for the original adjustment or consular processing stage.
• Attend an adjustment or visa interview. Once all your documentation is received, you will be contacted for your interview to discuss your plans in the United States. Be honest about your reasons for immigrating and your relationship. The interviewers are not there to trick you, nor do they wish you to fail. Remain calm, and all will be well. However, an attorney will appear with you at the adjustment interview, when arrangements are made in advance. 
• Wait for a decision- We understand that this can be frustrating. You are not alone. After your visa is approved by a consulate/embassy, there is a final visa processing fee, and you will be given instructions on how to collect your new documents. 

What Documentation Do We Need?

The following documentation is required for CR1 Visa processing at a consulate or embassy, when there is consular processing: 

• Valid Passport: Must be valid for at least six months beyond your entry date to the U.S.
• Recent Passport Photo: Standard passport-style photograph.
• Marriage Certificate: A copy to verify the marriage.
• U.S. Citizen Spouse’s Proof: Birth certificate or copy of their US passport.
• Proof of Relationship: Evidence that the marriage is genuine, such as photos, joint bank statements, or other documentation showing shared life activities. 
• Police Records: Criminal/police certificates from any country you’ve lived in for over six months since age 16.
• Military Records (if applicable).
• Medical Exam and Fingerprinting Documentation.

When Should We Call an Immigration Lawyer

Navigating complex immigration requirements and establishing a new home in the United States are challenges.  At The Law Office of Kevin Dixler, we understand the significance of this journey.

We’ll handle the legal complexities so that you and your spouse can focus on what truly matters—laying the foundation for your future and pursuing the dreams that brought you together. 

Don’t face this journey alone. Let us be your trusted partner in building a new chapter filled with opportunity and success. Call us today at 312-728-4610 to schedule a comprehensive consultation and take the first step toward a brighter tomorrow.