Entering the U.S. 2 days after 2 year anniversary

[truelove29 218]

My husband has his interview in May...if everything goes well, we were planning on moving to the U.S. July 1st. However, after reading up on the removal of conditions process, and seeing what a pain it is, I'm starting to think of waiting until just after our 2 year anniversary. Our 2 year anniversary is August 29th...if he enters the U.S. on the 31st, will he automatically get the IR-1? Is there any way they can say "no that's cutting it too close"? Just trying to avoid going through this process of paperwork & paying fees all over again!

[truelove29 218]

Meant to post this under "process & procedures"

[aleful 1,905]

it will all depend on the expiration date of the visa,

 

once he gets his passport, the visa will be stamped with an expiration date, it is usually 6 months from the medical,

 

he has to leave before the visa expires, for now you can't really plan until he has the stamp in the passport. if he has 6 months, he can leave whenever he wants to as long as it doesn't expire, and if you want to, he can leave after your 2 year anniversary, it's up to you

[truelove29 218]

16 minutes ago, aleful said:

it will all depend on the expiration date of the visa,

 

once he gets his passport, the visa will be stamped with an expiration date, it is usually 6 months from the medical,

 

he has to leave before the visa expires, for now you can't really plan until he has the stamp in the passport. if he has 6 months, he can leave whenever he wants to as long as it doesn't expire, and if you want to, he can leave after your 2 year anniversary, it's up to you

He'll do the medical in early May, so the visa shouldn't expire until November...so I'm not really concerned about that. I just want to know that you can enter right after the 2 year anniversary & get the IR-1. That there doesn't have to be some grace period after the anniversary date in order to qualify for it. Or if it's up to the officer at the POE...do they have the authority to say no, you're getting a CR-1 cuz I feel like it. 

[Dashinka 23,245]

30 minutes ago, truelove29 said:

He'll do the medical in early May, so the visa shouldn't expire until November...so I'm not really concerned about that. I just want to know that you can enter right after the 2 year anniversary & get the IR-1. That there doesn't have to be some grace period after the anniversary date in order to qualify for it. Or if it's up to the officer at the POE...do they have the authority to say no, you're getting a CR-1 cuz I feel like it. 

As I have heard, if he enters after the two year anniversary of the wedding, he should get the 10 yr GC.

 

Good Luck!

[JFH 12,189]

Even if he enters on the 2nd anniversary itself he will automatically get a 10-year card. He will still have a CR-1in his passport as the marrriage was less than 2 years old at time of issuance. But the visa type doesn’t matter - what matters is the age of the marriage at POE. Take a copy of the marriage certificate just to be sure to point out to the officer that the marriage is now 2 years old. He will get a 10-year card on the mail. 

[JFH 12,189]

*~*~*moved from “progress reports” to “process and procedures”*~*~*

[truelove29 218]

31 minutes ago, JFH said:

Even if he enters on the 2nd anniversary itself he will automatically get a 10-year card. He will still have a CR-1in his passport as the marrriage was less than 2 years old at time of issuance. But the visa type doesn’t matter - what matters is the age of the marriage at POE. Take a copy of the marriage certificate just to be sure to point out to the officer that the marriage is now 2 years old. He will get a 10-year card on the mail. 

Great advice, thank you so much!

[Jeanne Adil 1,651]

yes,  if married 2 years (or more)  at date of entry into US the green card will be for 10 years

we got ours exactly a month from POE

[geowrian 22,335]

As long as he goes through POE after the 2nd anniversary of being married, then he should receive IR-1 status even if he currently holds a CR-1 visa. As such, he will get a 10 year green card and no ROC is necessary. There isn't a "cutting it too close" here as it's not discretionary...either you enter after the 2 year anniversary or you don't.

 

Occasionally there are mistakes when it's so close, and they still send a 2 year green card. If they do, your husband would file an I-90 to have it corrected (and the fee is waived if it's due to an error).

[truelove29 218]

That's good to know...so even if we pay the green card fee in June...but don't move until end of August (after our 2 year anniversary), then the card should still arrive as IR-1 (if paperwork at POE is done correctly).

[NikLR 13,220]

On 4/17/2018 at 12:30 AM, truelove29 said:

That's good to know...so even if we pay the green card fee in June...but don't move until end of August (after our 2 year anniversary), then the card should still arrive as IR-1 (if paperwork at POE is done correctly).

Yes. If it doesn't and you do enter after the anniversary date you file an I-90 with proof and no fee to have the card corrected.

 

Also thank you for being proactive and trying to avoid something you can.  It's a refreshing change!

[Ryan H 3,790]

***Hijack post and replies to said post removed; if you have your own question, you need to start your own thread.***