Expecting CR1 to be issued, 6-8 weeks before 2yr anniversary

[RFQ 110]

Hi all, I could use some advice since USCIS gave me 2 different answers. I was sure the one lady was wrong. She told me that we will be given a conditional green card no matter what- no matter how long we've been married, until the spouse has been a permanent resident for 3 years.

So- I called back. I ask the guy who disappears to "get the information."

I forgot what he first said but it was wrong from what I could tell.
I said "so the information on the website is wrong?"
I read it to him, and then he asked "did you get that directly off our official website?"
I said, "yes."

So then he tells me that "yes if DH gets his CR1 immigration visa stamped in his passport before our 2 year anniversary we will get a conditional green card."
I asked "So it doesn't matter when he makes his entry- it depends on when the visa is approved?"
He said, "yes."

So please friends, What is the truth?

Our AP will be considered complete once we return the new police report, TB test, and passport. Unfortunately we have DH passport tied up with the Belgium Embassy for visa approval right up until DH (beneficiary) will be departing for Europe for our family vacation. This means we will not be able to complete our AP until he returns to Egypt in mid-January. That is 7 weeks from our 2 year anniversary.

Please advise if we will need to prolong the visa approval for an additional 7 weeks to avoid a conditional green card. Or, do we need to just delay his US entry until after 2 year anniversary (March 9)?

Thanks in advance. I hope this is understandable. I am confused! Please ask if I need to elaborate or clarify my query.

[Harpa Timsah 13,259]

GC type is based on when the person becomes a LPR. For a CR-1 that happens when the person enters the US. The visa type will be CR-1 (because he is getting it before 2 years of marriage) but if he enters after your 2 year anniversary of being married, he can point out at the border that he should get a 10-year card.

It's really not worth your time calling USCIS to talk to a call center person for answers.

[RFQ 110]

GC type is based on when the person becomes a LPR. For a CR-1 that happens when the person enters the US. The visa type will be CR-1 (because he is getting it before 2 years of marriage) but if he enters after your 2 year anniversary of being married, he can point out at the border that he should get a 10-year card.

It's really not worth your time calling USCIS to talk to a call center person for answers.

LOL!! You know, I began to notice that myself in just one night. I thought I understood until I talked to them and they confused me.

I think we can survive an extra month apart for the sake of not dealing with USCIS again and for the sake of not giving them any more money. The earliest I would expect DH is mid February anyways. If i understand the VJ experts, maybe DH can arrive ON our anniversary so we may spend it together, but not a moment sooner and we will be qualified for a 10yr.

So I can pass on the information to DH-- at which point (or who) is it exactly that he will need to point out the 10year vs 2year ? And does he need to have the marriage certificate handy at that point to prove it?

[NikLR 13,232]

yes he will need the marriage certificate, and he will point it out to the CBP officer who does the paperwork at his POE. Make sure the endorsed stamp says "IR-1" not "CR-1"

[RFQ 110]

You guys rock!!!! So fast and so much more informed than the pro's.

we've been dealing with Belgium and UK embassy now and their process is so much easier to navigate-- just saying. VJ is priceless resource.

[Darnell 8,479]

i would suggest not travelling on the anniversary date, either, as the CBP goons are not that bright.

Day after? OK la - perfecto !

[Ontarkie 14,873]

~~Moved to IR-1 / CR-1 Spouse Visa Process & Procedures, from Adjustment of Status (Green Card) from Family Based Visas ~~

[RFQ 110]

i would suggest not travelling on the anniversary date, either, as the CBP goons are not that bright.

Day after? OK la - perfecto !

No anniversary together *sniffles* But I get ya

We will have our 1 year Egyptian wedding anniversary together at least in January.

[Harpa Timsah 13,259]

ROC really isn't a big deal, just FYI, if you wanted to be reunited sooner.

[RFQ 110]

ROC really isn't a big deal, just FYI, if you wanted to be reunited sooner.

Just seems silly to spend money and go through the hassle for what will probably be 2-3 weeks longer, but who knows. I might be that impatient.

Anyways, thanks again for suggestions all

[NikLR 13,232]

I agree, if I could have waited 2-3 weeks, even a month, and saved the $680 on the ROC... I would have.

[christeen 966]

Wait the coup,e of weeks... When they arrive, just tell the officer.. Save your money and hassles!