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Posted

My husband is coming to US after our 2 year anniversary. He knows that he should tell POE officer about this before getting his passport stamped but How can he point out to POE officer that he is entitled to IR-1 status without sounding like he is telling them how to do their jobs?

Can you give me some suggestions?

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N400 Mailed: 12/09/2016

Priority Date: 12/13/2016

Biometrics Appmt: 01/13/17

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Present the marriage certificate and simply and polietly inquire

"Since I am entering after my 2 year wedding anniversary, do you know if it is possible to acquire a stamp indicating an IR1 visa>"

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Other Country: China
Timeline
Posted

Present the marriage certificate and simply and polietly inquire

"Since I am entering after my 2 year wedding anniversary, do you know if it is possible to acquire a stamp indicating an IR1 visa>"

Good luck

This is incorrect. The visa is and will be a CR1 visa. What he wants is IR1 status. "Please note that I'm entering after my two-year wedding anniversary. Is there anything different you do to make sure I get the IR1 status?" would be my suggestion.

CR1 and IR1 are both visas AND status. Using the CR1 visa after two years of marriage doesn't change the visa. The visa is dead on arrival. Instead, entry after two years of marriage using a CR1 visa entitles the new resident to IR1 status.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Thanks for the correction push

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

You should have asked for the IR-1 at the interview. If you are that close the Consulate will usually grant an IR-1 instead of the CR-1 but it's too late now.

If their interview was prior to the two year anniversary date, asking for IR1 status at the interview would not have been an option. If I am understanding correctly, they were not married two years at the time of the interview but will be at time of POE. I would agree with pushbrk's wording of " Please note that I'm entering after my two-year wedding anniversary. Is there anything different you do to make sure I get the IR1 status?" good.gif

Edited by OBX

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

Filed: Other Country: China
Timeline
Posted

You should have asked for the IR-1 at the interview. If you are that close the Consulate will usually grant an IR-1 instead of the CR-1 but it's too late now.

This too is not correct. Consulates cannot issue an IR1 visa to an immigrant spouse prior to two years of marriage. This CR1 visa holder was not entitled to an IR1 visa but WILL BE entitled to IR1 status upon entry to the USA, IF they enter after the two-year anniversary of their marriage to the US Citizen petitioner. I think you'll find it wise to read prior responses before crafting your own. The issue has been accurately dealt with already, days ago.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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