IR1 or CR1?

[Benjamin44 10]

Hi everyone,

My wife just filed the I-130 for me at the Consulate in Israel 2 days ago- yay! We have reason to celebrate because we weren't sure they would accept it- We've been living here in Israel permanently for over 3 years, but my wife has been out of the country for 3 of the past 6 months. But they decided to take it.

I do have a couple of quick questions:

1) After my wife paid the I-130 fee and finished the filing, they gave her Packet 3A. I thought you only get this after the I-130 is approved, which should take a couple of months? Does this mean that they have already approved the I-130 on the spot right at the filing?? This seems way too easy, but they didn't indicate to her something like "We will notify you by mail when the I-130 is approved." Rather, they gave her instructions on what I should now do to apply for the immigrant visa- although the instructions were kind of vague and at odds with what the website of the Consulate says. Any ideas what stage at the process we are at?

2) Now the more important question: Will I get a IR-1 or CR-1? I know that it's a CR-1 for anyone married less than 2 years, but the question is- 2 years from WHEN? From the time of I-130 filing, time of interview, time of visa issuance, or time of entering the country at POE? The reason I ask is is because we were married in April 2009, which means for us it really matters from when you count- since the visa will almost certainly be issued after April 2011 and so after the 2-year anniversary. On the front of the Packet 3A, it says somewhere "Visa type: CR-1". Does this mean it will be a CR-1 for sure? Or just that- since it hasn't been 2 years yet- they had to put CR-1 for now, but it will be changed to IR-1 if we pass the 2-year anniversary (April 2011) before the visa interview?

Any ideas welcome and thanks everyone!!

Ben

[Penguin_ie 5,994]

1- Yep, sounds like you have been approved on the spot. This is not uncommon in DCF cases where I-130 filing happens in person.

2- It's POE that counts, though if the 2 year anniversary happens after the visa is issued and before you travel, point it out to the CBP officer at PoE, as they may not realise and it is important that they file it correctly. I am actually thinking if you are on the ball, your interview will likely happen before April 2011, but of course you can travel after your anniversary as you have 6 months to use the visa. Worth it to get the ten year greencard!

[THEROCK 0]

1- Yep, sounds like you have been approved on the spot. This is not uncommon in DCF cases where I-130 filing happens in person.

2- It's POE that counts, though if the 2 year anniversary happens after the visa is issued and before you travel, point it out to the CBP officer at PoE, as they may not realise and it is important that they file it correctly. I am actually thinking if you are on the ball, your interview will likely happen before April 2011, but of course you can travel after your anniversary as you have 6 months to use the visa. Worth it to get the ten year greencard!

SO U SAYING IT ALL MATTERS WHEN DID U ARRIVE AT THE POE. SO THE IMMIGRATION OFFICER DETERMINES IF U WILL GET THE CONDITIONAL OR THE PERMANET?

[Penguin_ie 5,994]

SO U SAYING IT ALL MATTERS WHEN DID U ARRIVE AT THE POE. SO THE IMMIGRATION OFFICER DETERMINES IF U WILL GET THE CONDITIONAL OR THE PERMANET?

It's not up to the immigration officer. Whether you get a 2 or 10 year greencard purely depend on whether your 2 year legal wedding anniversary has passed by the time you enter the USA.