2-year anniversary: What separates CR-1 from IR-1?

[Kwidgebo 0]

Dear VisaJourney,

Like most of you I married abroad and spent most of the first year separated from my wife while working through the CR-1 visa process. In an ironic (unplanned) turn, I am going back abroad to work for the second year of our marriage, so if we time things right she will return with me immediately after our second anniversary (July 2, 2013), with an IR-1 visa--no conditional status or I-751 or its horrid fee. Our case is at the NVC, all fees paid and our next step is to file the actual CR-1 visa application, which I understand leads directly to an interview date that cannot easily be changed. We are simply putting the whole process on hold (not filing next steps), to wait out my year abroad (together). I am trying to understand exactly when I should resume the process (file the visa application).

What specifically determines whether she will get a CR-1 or IR-1 visa? Is it already determined, because we filed the I-130 prior to our second anniversary (I think no)? Is it determined by the date of the interview (file in May 2013 and hope that the interview falls AFTER July 2, 2013 by as short a time as possible, since I want to return to the U.S. in June and we don't want to be separated)? Is it determined by the actual date of entry (which we have great control over)?

It seems that if we have the interview before July 2, they will surely give her a CR-1 visa? Will this be stamped as unconditional (IR-1) if she arrives at the port of entry after our second anniversary (July 2). If we have the interview after July 2, will they automatically give her an IR-1 visa? Will they give it to her if we ask and specifically point out that our second anniversary has passed?

Ideally we will have the interview long before (up to six months?) our second anniversary, and convert to IR-1 at port of entry AFTER our second anniversary. Is that possible? I'd appreciate any feedback on this (and related issues: can you reschedule an interview without too much difficulty?).

Kwidgebo

[EAbbas 213]

It all comes down to 3 things

When the visa is issued (given only 6 months to enter USA)

If the 2nd wedding anniversary comes during that time

When you enter USA

YES if she enters AFTER the 2nd wedding anniversary it will be an IR1

[JNEKG 4]

CR1 is if you ENTER the USA (POE) prior to your second marriage certificate and IR1 is if you enter after 2nd anniversary.

If you want to delay the process then don't submit your Ds230 package now. Wait until closer to the time you want to be together and submit it then. Remember you must enter the UsA within 6 months of visa issuance.

All the best.

[pushbrk 13,238]

It all comes down to 3 things

When the visa is issued (given only 6 months to enter USA)

If the 2nd wedding anniversary comes during that time

When you enter USA

YES if she enters AFTER the 2nd wedding anniversary it will be an IR1

"It" is very difficult to accurately convey information when we use too many pronouns like "it" that cannot be clearly connected to the actual noun to which we refer.

There are two separate "its" here. The first is the visa category and the second is the status granted upon entry using that visa. You can be issued a CR1 visa and then be granted IR1 status upon entry. Entering after the 2nd wedding anniversary will cause the second "it" (the status granted) to be IR1, even if the first "it" (the visa category) is CR1.

As for how to proceed from this point, do not delay more than 1 year from the time you last send documents to the NVC before sending more. If you've only paid fees but not submitted the affidavit of support or visa application with civil documents then wait no more than about 10 months from the last fee payment to submit the AOS and then proceed from there. Don't obtain the police report from the current country of residence until about that same time. Send you last package about 4 months prior to when you would like the interview scheduled. Time that with the six month departure window in mind. Remembering the bold part above is critical.

[Kwidgebo 0]

Thanks all for your feedback, and I am happy to see consistency in your response.

I have been calling the NVC and USCIS trying to verify this from a policy standpoint, but NVC tells me to call USCIS and USCIS tells me to call NVC. I don't want to wait until entry to learn we were wrong or policies changed, and I have a hard time visualizing a Border Control Agent who cares enough to review documentation and remove the conditions. Does this really happen? Can anyone point to the written policies that I can rely on (via an I-90) if it doesn't happen at Port of Entry?

To clarify: we just filed the DS-230 and hope to have an interview scheduled soon, say in April or May. We have plenty of time to arrange travel, etc., and enter in late July, after our second anniversary on July 2, 2013. Everything I have found says the 2-year anniversary separates conditional and non-conditional entry, but nothing states what part of the (e.g. 2 year) process must fall after the 2-year anniversary.

Thanks for your thoughts.

[pushbrk 13,238]

It all comes down to 3 things

When the visa is issued (given only 6 months to enter USA)

If the 2nd wedding anniversary comes during that time

When you enter USA

YES if she enters AFTER the 2nd wedding anniversary it will be an IR1

Be careful of pronouns like "it". CR1 and IR1 are both visa categories and resident status categories.

The correct answer is that the visa category will depend on the visa issue date. The status granted on entry will depend on the entry date. You can have a CR1 visa and IR1 status granted if the anniversary occurs between the issue date and the entry date.

[Kwidgebo 0]

Thanks pushbrk and all.

[mfranc68 31]

I had EXACTLY the same question. Thanks to everyone!!!

[The Mean Lady 604]