2 year green card to IR1?

I received my CR1 visa in Canton, China. I enter in the US 2006. 7. I was issued a 2-year green card last Jul. Now I won't be able to return to the US within 1 year. I know I can't stay out of the US for more than 1 year. My question is: My husband and I being married for two years since Feb 2007. If I can't return to the US this Jul, can we apply for IR1 after Jul through Canton immigration office in China? or I have to wait till my green card expires at Jul 2008? Thanks

2 year green card to IR1?
If you know you will be away for more than a year, and your second anniversary was Feb 2007, then the answer is yes, you can apply for an IR-1 when you are ready to return to the US. In fact, you won't really be able to do anything else.





Your husband will have to petition for you again, and you will have to go through the entire application process again. But, having been married for more than two years when the new immigrant visa is issued, you will then receive a 10-year green card rather than two-year card you got as a CR-1.
Reply:I do not know why you were not issued an IR1 status card from the beginning.


You need to apply for an adjustment of alien status in the american embassy of consulate in your area

barber