CR1 to IR1 Question

[lutz 41]

Hello VJ members,

I have a question about CR1 to IR1 visa.

My husband was denied his CR1 in Ghana in September 2015. The case is back at USCIS now, and we are awaiting a letter from them to state exactly why he was denied, so that it can be addressed with more evidence.

My question is: When I filed for him, for the CR1, we had not yet been married for 2 years. Now, we have been married for over two years (married in May 2014).

The case is with USCIS. What will happen from this point? I know that if a couple is married for over 2 years, the beneficiary can come on an IR1 visa, but when I originally filed, it was a CR1.

Thank you for anyone who has information about this situation.

[canadian_wife 1,802]

It's not about what you filed for, it is the length of the marriage. Since you have already been married 2 years, if a visa is issued it should be a Ir1. Please note this at the interview or the consulate before the visa is placed into the passport.

Good luck

[Ortolan 381]

Since you'll have been married for more than 2 years at the time of his entry (if he's approved) into the U.S., he'll be issued the IR-1 visa, which means no "Removal of Conditions" is necessary and a 10-year green card.

But canadian_wife has a good point: be sure you mention this at the interview (length of marriage at upcoming POE).

[bendinlar 16]

Yeah, the two are basically the same thing, the difference, as mentioned, is how long you have been married at POE.

Even if granted a CR-1, if your 2 year marriage anniversary passes before the visa holder enters the country, they get an IR-1, automatic 10 year GC, and as also mentioned, no ROC is necessary.

There was a post quite a while back, where they had that happen, but CBP was not paying attention so stamped them for a CR-1. They were able to go back and have the stamp and paperwork corrected so they got the IR-1.

On edit:

Oh yeah, my point- If you have your CR-1 in hand, but have time to wait till after your 2nd wedding anniversary, assuming it's not too far away, to enter the US, it would probably be worth it.

Edited August 1, 2016 by bendinlar