cr1 to ir1 visa

[Geexy 0]

Hello everyone, 

My interview is scheduled on the12th of this month,but my 2nd anniversary is on the 18th of this month. What type of visa will I be given Cr1 or ir1. Thanks 

Edited June 5, 2017 by Geexy
correction

[geowrian 22,344]

Depends on when it is actually issued. However, it really doesn't matter. Even if you get a CR-1 visa, if you enter the US after the 2nd anniversary, you will have IR-1 status and get the 10 year green card (and no ROC is needed).

[Geexy 0]

Thanks 

 

[Ryan H 3,925]

Moved from Progress Reports to Process & Procedures.

[Mstameka 5]

Hi

 

 

No you will not receive a ten year green card, you will receive a two year green card, at the time you filed and went your interview the marriage was under two years old so therefore a two year green card will be issued. I just recently experience this. Good luck to you

[JFH 12,196]

37 minutes ago, Mstameka said:

Hi

 

 

No you will not receive a ten year green card, you will receive a two year green card, at the time you filed and went your interview the marriage was under two years old so therefore a two year green card will be issued. I just recently experience this. Good luck to you

Incorrect. If you have passed your 2-year anniversary by the time you enter the country you will receive a 10-year green card. It doesn't matter when you filed or when your interview took place. We had been married less than 2 years when we started the procedure (see my timeline). We spent our second anniversary waiting for the NVC to complete the case. I received a 10-year green card when I arrived. 

[Mstameka 5]

Our marriage was over 2 years before he come to the usa and he was not issued a ten year green card. He was issued at two year green

[geowrian 22,344]

Just now, Mstameka said:

Our marriage was over 2 years before he come to the usa and he was not issued a ten year green card. He was issued at two year green

Then that was a mistake. You may want to reach out to USCIS or setup an infopass appointment.

[Mstameka 5]

I did and they said he is only to be issued a two year green card

 

[geowrian 22,344]

5 minutes ago, Mstameka said:

I did and they said he is only to be issued a two year green card

 

There's a mistake somewhere...this is well-settled law and policy:

https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html

"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."

 

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-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."

Edited June 6, 2017 by geowrian

[JFH 12,196]

4 minutes ago, Mstameka said:

I did and they said he is only to be issued a two year green card

 

Take the marriage certificate to an Infopass appointment. The CBP officer on arrival made a mistake. When did he arrive? 

 

Per USCIS https://travel.state.gov/content/visas/en/immigrate/family/immediate-relative.html#12

[JFH 12,196]

7 minutes ago, Mstameka said:

I did and they said he is only to be issued a two year green card

 

So two people made a mistake? Unusual but not impossible I guess. 

 

 

[Mstameka 5]

Marriage March 30, 2015, he arrived  on April 20, 2017 POE was Washington Dulles Airport

Edited June 6, 2017 by Mstameka

[pushbrk 13,838]

1 hour ago, Mstameka said:

Hi

 

 

No you will not receive a ten year green card, you will receive a two year green card, at the time you filed and went your interview the marriage was under two years old so therefore a two year green card will be issued. I just recently experience this. Good luck to you

If that happened to you (entered the US after the two-year anniversary) and you were issued a 2 year green card, USCIS made a mistake.  Contact them to get it corrected.  It's always good to mention at the POE, that you are entering after the two-year anniversary, so this mistake can be avoided.

[Mstameka 5]

ok, thank you