Issued CR-1 over 2 years after marriage, how do I change to IR-1?

[The Khans 2]

Hi!

We got married on 6th June 2013 and on 25th August 2015 my visa was issued. I, unfortunately, observed later that it is a CR-1 instead of IR-1 which I now learn from visajourney that I was supposed to get!

1. Please tell us in detail how we can fix this? And if possible without going back to the embassy. (the one here in Islamabad is no delight)
2. I also read that by showing the Marriage Certificate to a CBP official, I can request a IR-1 status instead of CR-1? but I am a bit confused if it will work in my case since the issue date of my visa is already beyond the 2 year mark.. will they make an issue of this?
3. If left the way it is, will it cause any problems on entry?

On a side note I will be pre-processed in Abu Dhabi. And my flight is in 15 days so pour in your replies, it's urgent!

Thank You!

[The Khans 2]

What Is Conditional Residence?

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa. Source:travel.state.gov

Remove Conditions on Permanent Residence Based on Marriage

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. Source: uscis.gov

From these 2 websites it seems that the residency status revolves around my day of entry in the US. But then what about the fact that it still says CR-1 on my visa even though it was issued after two years of marriage? Will they just ignore it and give me IR-1 status at POE since my marriage is already more than 2 years old?

[1voice1life 11]

I think you should be fine. If you person at the CBP doesn't realize that it is still CR-1, I would definitely mention it. I'm thinking maybe in the sealed packet it'll mention the IR-1 instead of CR-1 and they will update this information. But if not like I said mention it to the officer. Abu Dhabi will be where my husband is pre-processed. I have read that it is less stressful and usually hassle free. Good luck!

[Anh map 2,098]

When entering at the POE (in your case the preclearance office at the Abu Dhabi airport) point out to the immigration officer that you've been married for 2 years+. They often check, but it is wise to point it out. That way it is entered into the system properly and the green card will reflect the proper expiration date. The info should be there in the immmigration envelope, but it can't hurt to have a copy of the marriage certificate with you as evidence.

[pushbrk 12,979]

yea

From these 2 websites it seems that the residency status revolves around my day of entry in the US. But then what about the fact that it still says CR-1 on my visa even though it was issued after two years of marriage? Will they just ignore it and give me IR-1 status at POE since my marriage is already more than 2 years old?

Yes but remind them at the POE

[harisinam 0]

Hi!

We got married on 6th June 2013 and on 25th August 2015 my visa was issued. I, unfortunately, observed later that it is a CR-1 instead of IR-1 which I now learn from visajourney that I was supposed to get!

1. Please tell us in detail how we can fix this? And if possible without going back to the embassy. (the one here in Islamabad is no delight)
2. I also read that by showing the Marriage Certificate to a CBP official, I can request a IR-1 status instead of CR-1? but I am a bit confused if it will work in my case since the issue date of my visa is already beyond the 2 year mark.. will they make an issue of this?
3. If left the way it is, will it cause any problems on entry?

On a side note I will be pre-processed in Abu Dhabi. And my flight is in 15 days so pour in your replies, it's urgent!

Thank You!

Some people say its decided at the time of the interview others say its decided on the port of entry, but do tell us what happens as you go. I think I might be in the same boat as you. And congratulations I read your posts a lot on Visa journey and I am truly happy to find out finally they have ended this long wait for you.

Warm Regards.

[pushbrk 12,979]

Some people say its decided at the time of the interview others say its decided on the port of entry, but do tell us what happens as you go. I think I might be in the same boat as you. And congratulations I read your posts a lot on Visa journey and I am truly happy to find out finally they have ended this long wait for you.

Warm Regards.

USCIS issues green cards. Dept of State, Issues visas. CBP officers make entries into a database. All three can make mistakes, but USCIS will ultimately either issue the IR1 green card the first time or after their error is pointed out to them.

The first stage, at the Consulate, made a mistake. This mistake can be headed off at the pass, by a CBP officer, at entry. If that fails then a free filing to correct a USCIS mistake will ultimately save the day.

This is DECIDED, by US immigration law, enforced by PEOPLE who often make MISTAKES.

[grad_student 11]

Hope the CBP officer at pre-clearnace site in Abu Dhabi upgraded it to IR-1 for you. If he didnt, you should call USCIS and/or try to schedule an InfoPass appointment. Most likely they will advise you to wait for the Green Card to arrive in mail, which is usually 4 to 8 weeks from the POE date. If GC still says CR-1 and is a conditional one, you would be required to send it back to USCIS with I-90 form. Fees will be waived since it is an error by USCIS/DOS.