Full Version: A STUPID QUESTION
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion
I feel really stupid but I don’t know if I am filling for a IR-1 or CR-1 , I am confused; please help I started with the I-130. Please help me
If you have been married less than 2 years as of today, you are filing a CR-1. When your marriage reaches the 2 year mark, you then would fall under the IR-1. CR-1 give you the 2 year greencard, IR-1 is 10 years.
Bethanie
Bethanie
If you are married less then 2 years and apply for the CR-1, and on entry to the US you are married 2 years or more, they will grant you IR status and you will get the greencard with no conditions as happens with the CR-1. You should however mention this on entry so they can adjust accordingly.
hi de n al, not a stupid q at all, i was wondering the same. someone help straighten me out, bcz the answers i c here isn't what i thought... i thought that the ur visa status would be determined at the POE, since i believe it says something like "if at the time of entry into the US you have been married less than 2 years, blah blah blah". and i was thinking that nobody will know how long the visa process will take and exactly when u will enter into the us. so i thought that i will apply for ir-1 and then at time of entry into us if we were married less than 2 years at the point the immigration officer would make it cr-1. i believe when i sent in the g-325a forms we put for ir-1. am i going to get our petition returned bcz i didn't put cr-1? 
am i worrying for nothing?
am i worrying for nothing?
That is exactly what I was saying in my post.
Ultimately it is determined on entry to the US.
If you have already been married 2 years when the application is made, you will be applying for IR-1 visa and on entry you will gain resident status and receive a 10 year green card with no conditions.
If you are married less then 2 years you will apply for a CR-1 visa and on entry you will gain conditional resident status whereby you have to apply to remove conditions 90 days before the 2 year anniversary of entry to the US.
If since being granted the CR-1 visa and one enters the US and they have been married 2 years or more, you will be granted resident status and receive a 10 year green card with no conditions.
They wont return it as it is DOS/NVC that will issue the appropriate visa. USCIS task is to approve petitions so dont worry about it. Im sure you're not the first person that has done that.
hi de n al, not a stupid q at all, i was wondering the same. someone help straighten me out, bcz the answers i c here isn't what i thought... i thought that the ur visa status would be determined at the POE, since i believe it says something like "if at the time of entry into the US you have been married less than 2 years, blah blah blah". and i was thinking that nobody will know how long the visa process will take and exactly when u will enter into the us. so i thought that i will apply for ir-1 and then at time of entry into us if we were married less than 2 years at the point the immigration officer would make it cr-1. i believe when i sent in the g-325a forms we put for ir-1. am i going to get our petition returned bcz i didn't put cr-1? am i worrying for nothing?
Ultimately it is determined on entry to the US.
If you have already been married 2 years when the application is made, you will be applying for IR-1 visa and on entry you will gain resident status and receive a 10 year green card with no conditions.
If you are married less then 2 years you will apply for a CR-1 visa and on entry you will gain conditional resident status whereby you have to apply to remove conditions 90 days before the 2 year anniversary of entry to the US.
If since being granted the CR-1 visa and one enters the US and they have been married 2 years or more, you will be granted resident status and receive a 10 year green card with no conditions.
They wont return it as it is DOS/NVC that will issue the appropriate visa. USCIS task is to approve petitions so dont worry about it. Im sure you're not the first person that has done that.
QUOTE(soulm8z0928 @ Aug 11 2006, 11:50 AM) 
hi de n al, not a stupid q at all, i was wondering the same. someone help straighten me out, bcz the answers i c here isn't what i thought... i thought that the ur visa status would be determined at the POE, since i believe it says something like "if at the time of entry into the US you have been married less than 2 years, blah blah blah". and i was thinking that nobody will know how long the visa process will take and exactly when u will enter into the us. so i thought that i will apply for ir-1 and then at time of entry into us if we were married less than 2 years at the point the immigration officer would make it cr-1. i believe when i sent in the g-325a forms we put for ir-1. am i going to get our petition returned bcz i didn't put cr-1?
am i worrying for nothing?
ty aussiewench, that puts my mind at ease. 
De & Al,
It would be nice if you knew but you do not have to know. The USCIS and the DoS will know what your classification should be from the information that you provide to them.
All you have to know is that you want to apply for a family-based immigrant visa, for which an I-130 petition is needed to establish the necessary qualification, and you do seem to know that.
Yodrak
It would be nice if you knew but you do not have to know. The USCIS and the DoS will know what your classification should be from the information that you provide to them.
All you have to know is that you want to apply for a family-based immigrant visa, for which an I-130 petition is needed to establish the necessary qualification, and you do seem to know that.
Yodrak
QUOTE(De & Al @ Aug 10 2006, 10:07 PM)
I feel really stupid but I don't know if I am filling for a IR-1 or CR-1 , I am confused; please help I started with the I-130. Please help me
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