anyone with experience on refusing Visa till specified date

[Shannonac 0]

We were wondering if anyone else has had experience with refusing your visa to be issued till a later date?

I had my interview at the begining of the month, but with our second wedding anniversary coming up in 2 weeks from the date of the interview we were advised to refuse the visa till after our anniversary to avoid having to do more paperwork and pay fees to remove conditions. We accepted to do this and they said we were approved but they would keep my passport till the day after our anniversary and issue my visa and I should recieve it within one week.

Has anyone else done this? Did they issue it right away? How long did it take to recieve your passport and visa?

[Penguin_ie 6,005]

I don't know anyone who has done this, because it is unnecessary. As long as you enter the USA after the second anniversary, you will be issued the ten year greencard, no matter when the interview was. Make sure you point out the immigration officer at the border that your anniversary has passed, and you will be fine.

[sheeshkabelle 153]

We were wondering if anyone else has had experience with refusing your visa to be issued till a later date?

I had my interview at the begining of the month, but with our second wedding anniversary coming up in 2 weeks from the date of the interview we were advised to refuse the visa till after our anniversary to avoid having to do more paperwork and pay fees to remove conditions. We accepted to do this and they said we were approved but they would keep my passport till the day after our anniversary and issue my visa and I should recieve it within one week.

Has anyone else done this? Did they issue it right away? How long did it take to recieve your passport and visa?

I have never heard of anyone doing this.

We to plan to POE after our second anniversary. We were told by DOS and by others here, to wait to cross after our anniversary and the IR-1 will be issued. The reason being, it doesn't matter when the interview is, it's when the visa is activated that determines CR-1 or IR-1.

[gad33 47]

We were wondering if anyone else has had experience with refusing your visa to be issued till a later date?

I had my interview at the begining of the month, but with our second wedding anniversary coming up in 2 weeks from the date of the interview we were advised to refuse the visa till after our anniversary to avoid having to do more paperwork and pay fees to remove conditions. We accepted to do this and they said we were approved but they would keep my passport till the day after our anniversary and issue my visa and I should recieve it within one week.

Has anyone else done this? Did they issue it right away? How long did it take to recieve your passport and visa?

I seem to remember someone posting in the UK forum that they had done this.

[grrrrreat 110]

We were wondering if anyone else has had experience with refusing your visa to be issued till a later date?

I had my interview at the begining of the month, but with our second wedding anniversary coming up in 2 weeks from the date of the interview we were advised to refuse the visa till after our anniversary to avoid having to do more paperwork and pay fees to remove conditions. We accepted to do this and they said we were approved but they would keep my passport till the day after our anniversary and issue my visa and I should recieve it within one week.

Has anyone else done this? Did they issue it right away? How long did it take to recieve your passport and visa?

They should be issuing it right after your second anniversary, so if they forget I would check back with them. As others have said, it's not strictly necessary on the part of the consulate because your CR/IR status is determined from the date of your entry, not when the visa is issued. However, folks have had to point out the anniversary issue to the border officer if they enter on a CR after the two year anniversary, and others have initially gotten a conditional GC that they then had to get corrected. So the embassy was probably trying to do you a favor by allowing you to avoid either the hassle of working it out with the border officer, getting your GC corrected, or, if all else fails, removing conditions. They may also be trying to save USCIS some record keeping, as I imagine it may be a little work to change it from CR to IR after the fact.

In any case, this is not at all a bad thing, so congratulations!

I have never heard of anyone doing this.

We to plan to POE after our second anniversary. We were told by DOS and by others here, to wait to cross after our anniversary and the IR-1 will be issued. The reason being, it doesn't matter when the interview is, it's when the visa is activated that determines CR-1 or IR-1.

Make sure you specifically bring this up to the border officer, and if you can bring a copy of your marriage certificate that you can show him. I don't think it's an automatic change; I think the officers have the discretion and authority to do it though.

[sheeshkabelle 153]

Make sure you specifically bring this up to the border officer, and if you can bring a copy of your marriage certificate that you can show him. I don't think it's an automatic change; I think the officers have the discretion and authority to do it though.

I already have the page from their own handbook showing that they have the authority to issue an IR-1 with proof of marriage after two years. I'll (nicely) point out he needs an IR-1 and show them our marriage certificate and the print out. IF I leave it up to him, he'll have no clue lol

[grrrrreat 110]

I already have the page from their own handbook showing that they have the authority to issue an IR-1 with proof of marriage after two years. I'll (nicely) point out he needs an IR-1 and show them our marriage certificate and the print out. IF I leave it up to him, he'll have no clue lol

Sounds perfect! Mind directing the rest of us to the page, if it's online?

[sheeshkabelle 153]

Sounds perfect! Mind directing the rest of us to the page, if it's online?

Section Admission of PR

§ Sec. 235.11 Admission of conditional permanent residents. (Section revised effective 4/1/97; 62 FR 10312 )

(b) Correction of endorsement on immigrant visa . If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible.

[grrrrreat 110]

Section Admission of PR

§ Sec. 235.11 Admission of conditional permanent residents. (Section revised effective 4/1/97; 62 FR 10312 )

(b) Correction of endorsement on immigrant visa . If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible.

This may be a more updated version, and it says "must admit the immigrant unconditionally", so no discretion at all: http://shusterman.com/pdf/cbpinspectorsfieldmanual.pdf

Admission procedures for conditional immigrants (based on spouse or investment) are discussed in 8 CFR 235.11. Procedures are generally the same as for other immigrants, but in spouse cases, if the marriage upon which the visa is issued occurred more than 2 years prior to the date of admission, you must admit the alien unconditionally, regardless of the visa symbol on the immigrant visa. Conversely, if you encounter an immigrant visa classified as unconditional, where the qualifying marriage occurred less than 2 years before the date of admission, you must admit the immigrant conditionally.

[sheeshkabelle 153]

This may be a more updated version, and it says "must admit the immigrant unconditionally", so no discretion at all: http://shusterman.com/pdf/cbpinspectorsfieldmanual.pdf

Admission procedures for conditional immigrants (based on spouse or investment) are discussed in 8 CFR 235.11. Procedures are generally the same as for other immigrants, but in spouse cases, if the marriage upon which the visa is issued occurred more than 2 years prior to the date of admission, you must admit the alien unconditionally, regardless of the visa symbol on the immigrant visa. Conversely, if you encounter an immigrant visa classified as unconditional, where the qualifying marriage occurred less than 2 years before the date of admission, you must admit the immigrant conditionally.

Awesome!

[Shannonac 0]

It was at my interview in Montreal that I was given the choice to either have a CR-1 visa issued right away and then have to remove conditions in 2 weeks after our anniversary. Or leave my passport with them and they will issue an IR-1 visa in 2 weeks after our anniversary.

I sent a not so nice e-mail today (I hate that you can’t call) e-mail to the consular today wanting to know the status of visa and whether it was true that it didn’t matter when the visa was issued along as I didn’t enter before my anniversary I would get a IR-1 visa.

For once I got an almost immediate response that they were working on my visa and regarding the above paragraph “I regret that you were misinformed, if a CR1 visa was issued to you, you would have had to adjust your status in the United States, even if you had crossed the border after your second anniversary.”

I thought I would let you know since I think one of you said you had your visa but were waiting to enter after your anniversary for the same reason.

Now I’m just hoping that I receive my visa a.s.a.p. so I can return home to my husband, finally!

Thank you all for your input.

[Penguin_ie 6,005]

For once I got an almost immediate response that they were working on my visa and regarding the above paragraph “I regret that you were misinformed, if a CR1 visa was issued to you, you would have had to adjust your status in the United States, even if you had crossed the border after your second anniversary.”

This is absolutely not true on two counts:

- a spousal visa never adjusts status, they only remove conditions.

- We have lots and lots of examples here on VJ where a CR-1 was issued and the beneficiary entered after the second anniversary and thus got a ten year greencard.

[grrrrreat 110]

It was at my interview in Montreal that I was given the choice to either have a CR-1 visa issued right away and then have to remove conditions in 2 weeks after our anniversary. Or leave my passport with them and they will issue an IR-1 visa in 2 weeks after our anniversary.

I sent a not so nice e-mail today (I hate that you can’t call) e-mail to the consular today wanting to know the status of visa and whether it was true that it didn’t matter when the visa was issued along as I didn’t enter before my anniversary I would get a IR-1 visa.

For once I got an almost immediate response that they were working on my visa and regarding the above paragraph “I regret that you were misinformed, if a CR1 visa was issued to you, you would have had to adjust your status in the United States, even if you had crossed the border after your second anniversary.”

I thought I would let you know since I think one of you said you had your visa but were waiting to enter after your anniversary for the same reason.

Now I’m just hoping that I receive my visa a.s.a.p. so I can return home to my husband, finally!

Thank you all for your input.

I cited the CBP Handbook above, for the border officer's ability (and obligation) to change CR-1 to IR-1 if you cross the border after the anniversary. Also, someone who crosses two weeks before their anniversary does not remove conditions right after their anniversary--they do it after they have been LPRs for two years.

Sounds like the London consular officials are not on the same page as CBP/USCIS.

[Ryan H 3,932]

Sounds like the London consular officials are not on the same page as CBP/USCIS.

Couple of thisngs:

1) OP interviewed in Montreal, not London.

2) One should not expect State Department personnel to be 100% familiar with Department of Homeland Security (the parent agency of CBP & USCIS) procedures

[grrrrreat 110]

Couple of thisngs:

1) OP interviewed in Montreal, not London.

2) One should not expect State Department personnel to be 100% familiar with Department of Homeland Security (the parent agency of CBP & USCIS) procedures

Sorry you're right on (1), I misread. As to (2), I think we should expect them to be familiar with DHS policies. At least, if they are going to answer somebody's question about whether CBP/USCIS will issue a 10-year GC if you enter after the second anniversary, they ought to be giving correct information. If not, they should just say "you'll have to ask USCIS about that".