CR1 immigrant visa immigration status after 2 year anniversary?

Question

My wife recently received a CR1 visa because we hadn't been married for 2 years when the visa was issued. However, we will be entering the US about a week after our 2 year anniversary.

What I found on the govt. website is this:

"If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” "

Will my wife receive unconditional status because she's arriving after 2 years or will she receive conditional status because she received the visa before 2 years? If she should receive unconditional status, should she point this out when she's entering or will the officer figure this out themselves?

Thanks anyone who can help.

Answer 1

You should very politely indicate to the inspecting officer that on the date of your arrival, you have already passed your second wedding anniversary in spite of the fact that the immigrant visa shows CR-1.

If that doesn't seem to make much difference to him, politely indicate that 8 CFR 235.11(b) provides that the visa should be converted to IR-1. No one enjoys being told how to do their job.

Here's what that regulation says:

(b) Correction of endorsement on immigrant visa . If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible.

Answer 2

If you've been married 2 years, or more, when she gets here be sure to point it out to Immigration.  They should stamp an I-551 in her passport and she should get a permanent green card in the mail within a few months.