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DaveStephChalm

CR1/IR1

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how does the USCIS know when an I130 it recieves should be processed as CR1/IR1 over K3???? My US wife and I will lodge I130 after we have been married two years. I have been travelling back and forth on ESTA from Australia.

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Filed: Lift. Cond. (apr) Country: China
Timeline

***Moved from US Embassy & Consulate Discussion to USCIS Service Centers forum.***

**Moderator hat off**

An I-130 filed by a petitioner who is petitioning a foreign spouse defaults to CR-1/IR-1 unless an I-129F is filed after the I-130 has been received (i.e. the K3 process can only start if an I-129F is filed after an I-130).


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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how does the USCIS know when an I130 it recieves should be processed as CR1/IR1 over K3???? My US wife and I will lodge I130 after we have been married two years. I have been travelling back and forth on ESTA from Australia.

I'm curious, why are you waiting until after you have been married two years?

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Your Visa category will be that of IR1 because you've been married for two years before filing the I-130.

No, it depends on the date you enter the US, not the date of filing the I-130. If they file the I-130 before their second anniversary, and then have their second anniversary in the meantime before he enters the US, he will be IR-1 and will receive the 10-year green card, not the 2-year green card. That's why I was asking. If they are holding out on filing the I-130 in order to get the 10-year green card, they are mistaken.

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No, it depends on the date you enter the US, not the date of filing the I-130. If they file the I-130 before their second anniversary, and then have their second anniversary in the meantime before he enters the US, he will be IR-1 and will receive the 10-year green card, not the 2-year green card. That's why I was asking. If they are holding out on filing the I-130 in order to get the 10-year green card, they are mistaken.

our plan was to file I130 after we had been married to years for it was our understanding that was the time frame to receive automatic LPR on POA, so your suggestion would be to file I130 sooner than later?

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our plan was to file I130 after we had been married to years for it was our understanding that was the time frame to receive automatic LPR on POA, so your suggestion would be to file I130 sooner than later?

Yes, if you want to get the 10-year green card instead of the 2-year one, it's the date of entry into the US on the immigrant visa that matters, not the date you submit the I-130. You should go ahead and file now, and just make sure your US entry date is after your 2-year wedding anniversary.

See: http://travel.state.gov/content/visas/english/immigrate/types/family/immediate-relative.html#12under "What is conditional residence?"

Edited by Lainie B

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