better to wait for IR-1?

[coyote 3]

Hi, everyone. My husband and I are agonizing over whether we should miss spending yet another holiday season together so we can qualify (end of Jan) for an IR-1 permanent green card rather than conditional. Anyone have feedback on this? Is it worth it?

[canadian_wife 1,791]

This is a personal decision, if you want to wait, then certainly wait. However, some POE agents will not differentiate between the CR-1 and the Ir-1 and there is some debate over wether it is the POE date that matters or the visa issuance date. So you may wait to have the POE after the 2 year marriage anniversary just to end up with more headache trying to get an IR-1 green card

Good luck

[Anh map 2,098]

It's just paperwork and a fee. As PP stated it's a personal choice.

Is it worth waiting a long time just to save the minimal effort required to lift conditions? In my opinion; no, it isn't.

[Penguin_ie 5,986]

Where are you in the process? Unless you have an interview date, it's unlikely he'll get the visa before January anyways.

[pushbrk 12,213]

Hi, everyone. My husband and I are agonizing over whether we should miss spending yet another holiday season together so we can qualify (end of Jan) for an IR-1 permanent green card rather than conditional. Anyone have feedback on this? Is it worth it?

Whether something is worth it or not is a personal decision. It's a fee and some paperwork.

This is a personal decision, if you want to wait, then certainly wait. However, some POE agents will not differentiate between the CR-1 and the Ir-1 and there is some debate over wether it is the POE date that matters or the visa issuance date. So you may wait to have the POE after the 2 year marriage anniversary just to end up with more headache trying to get an IR-1 green card

Good luck

See bold above.

While people MAY debate whether the entry date or visa interview date controls whether the immigrant is entitled to the 10 year card or the conditional status and 2 year card, the issue is settled law and policy. Entry after the two year anniversary of the marriage entitles the immigrant to full LPR status regardless of the designation on the visa itself.

[LotofPatience 65]

While people MAY debate whether the entry date or visa interview date controls whether the immigrant is entitled to the 10 year card or the conditional status and 2 year card, the issue is settled law and policy. Entry after the two year anniversary of the marriage entitles the immigrant to full LPR status regardless of the designation on the visa itself.

I completely agree with this point.

The reason why few people didn't get IR1 at POE even after the 2 year marriage anniversary is either the POE officer made a mistake and the beneficiary failed to inform them clearly.

Darnell has clearly pointed out this in many occassions, as well.

Loto

[LotofPatience 65]

http://travel.state.gov/visa/immigrants/types/types_2991.html#13

Loto

[Davis1 1]

I completely agree with this point.

The reason why few people didn't get IR1 at POE even after the 2 year marriage anniversary is either the POE officer made a mistake and the beneficiary failed to inform them clearly.

Darnell has clearly pointed out this in many occassions, as well.

Loto

Some times I really wish that they let benefiaciary wait for 3 years and Just give them US passport with naturalization Certificate at POE...will be nice...!!!!

[RightClicK 17]

Personally i would wait.

Regards

[coyote 3]

Why would you wait?

p.s. I'm sorry you've been denied!

Personally i would wait.

Regards

[IndigoSkies 168]

To OP, since it hasn't been rehashed a million times already, even if you apply for CR1 now, you're making us laugh by assuming you'd get VISA in month. When you apply, be ready to wait 7-10 months for VISA regardless of CR1 or IR1. And if you apply for a CR1 now, and by the time your spouse enters America, if it is already 2 years since your marriage, tell the POE officer to upgrade your VISA from CR1 to IR1. Make sure you have a copy of your marriage certificate with you. You can whip it out and flash on his face as proof of your marriage beign more than two years old.

[coyote 3]

Where are you in the process? Unless you have an interview date, it's unlikely he'll get the visa before January anyways.

He's in Nairobi as we speak, rounding up some documentation we were missing (which was not required by the NVC but is required by the consulate). He should be interviewed this week. In our experience, for him, the name check is mandatory but only takes about a month.

I suspect we will decide to wait, because we are so burned out with this stuff.

But I am confused re: some of the other answers on this thread -- I assumed the consular official determines what kind of visa -- CR-1 v. IR-1. Is this not the case? Is this up to the Port of Entry person? Can someone clarify?

Because what I was thinking was that since our 2-year anniversary is Jan. 29, he could pick up the visa Jan. 31 (a Monday) and all would be well. ?????

Many thanks to everyone for their posts.