Will be married 2 years when entering US - applied as CRI

[PK_Bazm 13]

Hello,

We got married a bit over 2 years ago. My spouse will be entering the USA next month.

 

When I applied for her over a year ago, we were of course married less than two years therefore it was CR1. However, since this is no longer the case I wish to avoid the CR1 and have my spouse get IR1 at time of entry. Some have said to let the CBP officer now at the POE and he/she will process it as IR1.  Since my spouse is still overseas, I was wondering it there is anything I can do beyond just verbally advising the CBP officer (and hope to god he/she is listening). My spouse can visit the US Embassy or if there is something I can do on the US side, I will truly appreciate any advice.

 

Thanks

 

(stay tuned for my review of my spouses CR1 visa interview at the  US Embassy in Islamabad - Pakistan)

[cordoba2015 224]

9 minutes ago, aghaaz0719 said:

Hello,

We got married a bit over 2 years ago. My spouse will be entering the USA next month.

 

When I applied for her over a year ago, we were of course married less than two years therefore it was CR1. However, since this is no longer the case I wish to avoid the CR1 and have my spouse get IR1 at time of entry. Some have said to let the CBP officer now at the POE and he/she will process it as IR1.  Since my spouse is still overseas, I was wondering it there is anything I can do beyond just verbally advising the CBP officer (and hope to god he/she is listening). My spouse can visit the US Embassy or if there is something I can do on the US side, I will truly appreciate any advice.

 

Thanks

 

(stay tuned for my review of my spouses CR1 visa interview at the  US Embassy in Islamabad - Pakistan)

If you have been married 2 or more years by the time of POE, they would have to process it as IR1. They asked us how long we had been married when we went through POE together a few months ago. They will have that information and make sure you have the right visa.

[PK_Bazm 13]

Thank you my friend

 

3 minutes ago, cordoba2015 said:

If you have been married 2 or more years by the time of POE, they would have to process it as IR1. They asked us how long we had been married when we went through POE together a few months ago. They will have that information and make sure you have the right visa.

So did your spouse get a permanent green card after 3 years or 5 years after POE ?

 

[geowrian 22,337]

4 minutes ago, aghaaz0719 said:

So did your spouse get a permanent green card after 3 years or 5 years after POE ?

If you are married for 2 or more years at the time of entry into the US on an immigrant visa, you will get the 10 year green card (no ROC required).

 

Not sure what you mean by 3 and 5 years...? LPR status is granted right away and the green card will arrive shortly afterwards. After 3 years of entering the US on the immigrant visa - if still married to the USC petitioner - you can qualify for naturalization. Otherwise, you need to wait 5 years.

[PK_Bazm 13]

16 minutes ago, geowrian said:

If you are married for 2 or more years at the time of entry into the US on an immigrant visa, you will get the 10 year green card (no ROC required).

 

Not sure what you mean by 3 and 5 years...? LPR status is granted right away and the green card will arrive shortly afterwards. After 3 years of entering the US on the immigrant visa - if still married to the USC petitioner - you can qualify for naturalization. Otherwise, you need to wait 5 years.

Sorry for being confusing. But you understood my question and answered my concern. I really appreciate it 

[cordoba2015 224]

8 hours ago, aghaaz0719 said:

Thank you my friend

 

So did your spouse get a permanent green card after 3 years or 5 years after POE ?

 

We went through POE 3 months ago and got the 2 year green card in the mail a few weeks after that. When the 2 year green card is about to expire we'll remove conditions.The 3 or 5 years sounds like the years until someone is eligible for citizenship. We have a few years to go until we do that.

[PK_Bazm 13]

45 minutes ago, cordoba2015 said:

We went through POE 3 months ago and got the 2 year green card in the mail a few weeks after that. When the 2 year green card is about to expire we'll remove conditions.The 3 or 5 years sounds like the years until someone is eligible for citizenship. We have a few years to go until we do that.

I see. Thank you again! 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,969]

You didn't apply as anything but the spouse of a US citizen.  Nowhere did you indicate CR1 on any paperwork.  It's just a spouse visa process for spouse of US citizen.  THe correct visa will be issued, no matter what you had in your mind when you filed the petition or applied for the visa.  Even if the visa would be issued before your two-year anniversary, entering the US AFTER the two-year anniversary would result in IR-1 status.

[PK_Bazm 13]

3 hours ago, pushbrk said:

You didn't apply as anything but the spouse of a US citizen.  Nowhere did you indicate CR1 on any paperwork.  It's just a spouse visa process for spouse of US citizen.  THe correct visa will be issued, no matter what you had in your mind when you filed the petition or applied for the visa.  Even if the visa would be issued before your two-year anniversary, entering the US AFTER the two-year anniversary would result in IR-1 status.

Oh wow. That really explains it all. I truly appreciate your help !