IR1 Visa requirement. Time of Entry or Time of Interview?

[Hbros 0]

Hi,

I am a Newbie here and am living in the UK. Me and my wife who is a US citizen married in the UK in July 2012. I went to visit her for 2013 new year's holidays and we decided to start filing for my migration to the USA. After reading few topics here on this site we have decided to file for IR1/CR1 spouse immigrant visa.

Saying that, I read about the differences of these two visas and trying to figure out which one of these visa's I finally will get if I we start the process using I-130 form. I am fully aware of the CR1 visa condition and the requirement to change it to PR within 90 days of the expiry to avoid any problem. Although there is not much a difference between these two visas in term of entry permission and the time takes to get any of these but since I am running my business in the UK and need to sort everything out which takes time, I would probably be married for 2 years at the time of the entry to the US if not at the time of my visa interview. But some topics say you get IR1 visa if married for 2 years at the TIME of VISA INTERVIEW and some say at the TIME of ENTRY.

So I appreciate if I get some answers on my questions below;

1- Do I need to be married for 2 years or more at the time of IR1/CR1 visa interview at the consular to result in 10 years Green Card after entry to the US, or do I need to be married for 2 years or more when I ENTER USA on my IR1/CR1 visa to get a 10 years Green Card?

2- To be qualified for an IR1 visa, do we need to show that we lived together all or part of our past 2 years of marriage? So far we have only had chance to spend family holiday time twice, once in the UK and once in the USA for a total of 3 month. (we have lots of true evidences about the Bona fides of our marriage)

Your answers are much appreciated.

Thanks a Lot!

[Hypnos 6,579]

1) Regardless of which visa you are ultimately given (IR-1 or CR-1), if you have been married for at least two years on the day you enter the US, you will receive an unrestricted 10 year green card.

2) It's not a requirement that you must have lived together (but it's usually preferred). Provided you can prove a bona fide marriage you should have no issue, especially from the UK (a low-fraud country).

[scotinmass 588]

Hi,

I am a Newbie here and am living in the UK. Me and my wife who is a US citizen married in the UK in July 2012. I went to visit her for 2013 new year's holidays and we decided to start filing for my migration to the USA. After reading few topics here on this site we have decided to file for IR1/CR1 spouse immigrant visa.

Saying that, I read about the differences of these two visas and trying to figure out which one of these visa's I finally will get if I we start the process using I-130 form. I am fully aware of the CR1 visa condition and the requirement to change it to PR within 90 days of the expiry to avoid any problem. Although there is not much a difference between these two visas in term of entry permission and the time takes to get any of these but since I am running my business in the UK and need to sort everything out which takes time, I would probably be married for 2 years at the time of the entry to the US if not at the time of my visa interview. But some topics say you get IR1 visa if married for 2 years at the TIME of VISA INTERVIEW and some say at the TIME of ENTRY.

So I appreciate if I get some answers on my questions below;

1- Do I need to be married for 2 years or more at the time of IR1/CR1 visa interview at the consular to result in 10 years Green Card after entry to the US, or do I need to be married for 2 years or more when I ENTER USA on my IR1/CR1 visa to get a 10 years Green Card?

2- To be qualified for an IR1 visa, do we need to show that we lived together all or part of our past 2 years of marriage? So far we have only had chance to spend family holiday time twice, once in the UK and once in the USA for a total of 3 month. (we have lots of true evidences about the Bona fides of our marriage)

Your answers are much appreciated.

Thanks a Lot!

1. It's when you enter the US as a resident.

From the date the visa is issued you have 6 months to enter the US. If you filed now it will take around 9 months to get the visa. You could wait till almost the end of the 6 months after you receive the visa before entering the US and you would have been married around 2 years so would get the IR1 and be done with the process.

But the whole reason you are going through this process is to be with your wife so I would think it would be best to get here as quickly as possible. If it has been less than 2 years you will get a 2 year CR1 visa and when that expires you will have to apply for the IR1 (10 year green card).

2. You don't have to have lived together. You just need lots of proof you are a legitimate relationship.

[Darnell 8,479]

well, the answer is either/or, for IR-1 designation.

Don't have enough of the 2 years by interview day? ok !

have enough by the POE date? OK !

[Hbros 0]

Hi,

Thank you all for sharing your knowledge and experience.

It is Snowing here in London! Have a great day!

[speedwell 224]

It is Snowing here in London! Have a great day!

My husband is from the UK, currently visiting me here in Texas. We went to the park yesterday and sat around shirt-sleeved in the sun. He pulled his hat lower over his eyes and said he was beginning to forget what snow was like. But he'll be back in the UK in February and I think he might remember a bit. lol

[Hbros 0]

But he'll be back in the UK in February and I think he might remember a bit. lol

In case if when he gets back here and the snow is gone, this is how it looks now and might get worse!

[N-o-l-a 7,168]

My husband is from the UK, currently visiting me here in Texas. We went to the park yesterday and sat around shirt-sleeved in the sun. He pulled his hat lower over his eyes and said he was beginning to forget what snow was like. But he'll be back in the UK in February and I think he might remember a bit. lol

I've forgotten what the sun looks like at this point.

Well, that isn't exactly true, my mother insists on showing it to me practically every time we talk on skype.

[Hbros 0]

I have found this is the I-130 FAQ.

OK, I heard somewhere about conditional permanent residency...what the heck is it, and does it apply to me??

Due to immigration fraud, the CIS gives ALL immigrants by marriage a conditional permanent residency green card unless the couple has been married for over 2 years at the time of interview. The conditional permanent residency green card is valid for only 2 years from issuance (the day your passport is stamped by customs or CIS), and the couple must file an I-751 form to remove conditions 90 days before the 2 years is up, or the immigrant will lose his/her green card For more information on Removal of Conditions go here.

http://www.visajourney.com/content/i130faq

I am now really confused!!??

Appreciate your real experience and knowledge on this

Thanks

Edited April 4, 2013 by Hbros

[Hbros 0]

I am sure there are some users here who know the answer.

Please help to make this clear for me

[speedwell 224]

I am sure there are some users here who know the answer.

Please help to make this clear for me

What are you confused about?

If you have been married less than 2 years, you get the 2-year green card. If you have been married more than 2 years, you get a 10-year green card. If you have a 2-year green card, and you are still married (or you satisfy certain other, very sad, criteria) close to its expiration, then you can turn that 2-year card in for a 10-year card by filing a "removal of conditions" form. If you don't do this, then your 2-year card expires and you no longer have a green card.

Edited April 16, 2013 by speedwell