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Safeway

Interviewed as CR1, but will I enterUS as IR1 if my entry date is after 2-year anniversary?

By Safeway in IR-1 / CR-1 Spouse Visa Process & Procedures

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Safeway   0

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Good afternoon fellow VJers...


We just got our I130 (spouse) approved after a long 10-month wait. Now we are 10 months away from our 2-year anniversary. As much as I want to join my spouse in the US soon, I’m wondering if I should slow down our NVC step by about 3 months so that I might enter the US a few days after our 2-year anniversary in order to get an IR-1 instead of CR-1. It seems worthwhile if we can skip the condition removal petition later, especially since we are relative close to our 2-year anniversary already. But I have a couple of concerns and questions if we choose this approach.


1. Will I be able to automatically get the IR1 if I enter US a few days after 2-year anniversary although my consulate interview is for CR1?

 

2. My consulate interview could be 4-5 months before our 2-year anniversary. Could it trigger more scrutiny from the border officer if I show up at the border 5 months after the interview because I seem to have waited for the 2-year anniversary? Is there any chance that they could refuse my entry and ask me to re-interview at the consulate for IR1 because of this? Obviously we absolutely don’t want this to happen.


All advice and comments are appreciated! If you were in a similar situation and could share your relevant experience, that’s even better.

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mindthegap Experienced

mindthegap   2,550

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted
1 minute ago, Safeway said:

Will I be able to automatically get the IR1 if I enter US a few days after 2-year anniversary although my consulate interview is for CR1?

Yes

 

1 minute ago, Safeway said:

My consulate interview could be 4-5 months before our 2-year anniversary. Could it trigger more scrutiny from the border officer if I show up at the border 5 months after the interview because I seem to have waited for the 2-year anniversary? 

No. Visa is valid until the expiry date. 

 

1 minute ago, Safeway said:

Is there any chance that they could refuse my entry and ask me to re-interview at the consulate for IR1 because of this? 

No.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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SabrinaJerome Enthusiast

SabrinaJerome   52

Posted
Filed: IR-1/CR-1 Visa Country: Spain
 Timeline
Posted

Hi Safeway,

I recently asked about this here:  

Of course, we are talking about the opposite situation as it seems they have already changed us to IR1, but it's good information as you might not have to wait all of the 10 months. But I think you understand that. 

 

Also, someone along the way has said that the immigrating person has 6 months from the medical exam to enter at POE. Can anyone clarify that?

Might be important if you are trying to calculate down to weeks or days.

 

 

October 2011: Met in Spain

2012-2014: Video chat + visas + visits and vacations = we made it through!

June 2014: Moved to Spain, got engaged 

December 31, 2015: got married

April 20, 2016: sent I130 package

May 2, 2016: package received in Chicago Lockbox - - - 12 days for delivery!! Don't use TNT couriers!! 

May 2nd or 5th, 2016: email NOA1... accepted and sent to.... NEBRASKA 

And now.... breeeeeeathe..... be like water my friend....

October 26th, 2016: NOA2 [We had waited almost 6 months. Received notification from the phone app, never got an email.]

November 9th 2016: USCIS sent the petition to NVC (app notification) [waited 2 weeks after approval for this]

November 25th 2016: NVC received and created account for our petition [waited 16 days after USCIS sent it, for NVC to acknowledge receipt]

Dec 1st 2016: Chose agent online DS261 [a few days later than it could've been since the above NVC email went to SPAM!]

Dec 6th 2016: Case available for paying fees. That was fast, I think! 5 days!

Took a long time to get package out because... life... and husband's family in Morocco had to travel to get police document.

Feb 20th 2017: Scan date at NVC, received weird email.

April 28th 2017: CHECKLIST. Moroccans are required to send a Court Report regardless of Police Record status. My husband had to go back to Morocco to get it in person. Also, NVC wants a 2016 tax return now that is 2017. My bad.

September 15th 2017: 2nd Scan Date at NVC. Sent for document review October 20th.

Nov 10th 2017: Email requesting document be brought to interview. Will schedule interview.

Case complete date??: TBD :clock:.... November 8th!!

Interview date : January 18, 2018!!           Result: Administrative Processing      :mellow:

Embassy called for new medical last week of August. New Medical Sept 10.

Visa ISSUED September 14, 2018. :blink:

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trininurse Collaborator

trininurse   79

Posted
Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
 Timeline
Posted
26 minutes ago, Safeway said:

Good afternoon fellow VJers...


We just got our I130 (spouse) approved after a long 10-month wait. Now we are 10 months away from our 2-year anniversary. As much as I want to join my spouse in the US soon, I’m wondering if I should slow down our NVC step by about 3 months so that I might enter the US a few days after our 2-year anniversary in order to get an IR-1 instead of CR-1. It seems worthwhile if we can skip the condition removal petition later, especially since we are relative close to our 2-year anniversary already. But I have a couple of concerns and questions if we choose this approach.


1. Will I be able to automatically get the IR1 if I enter US a few days after 2-year anniversary although my consulate interview is for CR1?

 

2. My consulate interview could be 4-5 months before our 2-year anniversary. Could it trigger more scrutiny from the border officer if I show up at the border 5 months after the interview because I seem to have waited for the 2-year anniversary? Is there any chance that they could refuse my entry and ask me to re-interview at the consulate for IR1 because of this? Obviously we absolutely don’t want this to happen.


All advice and comments are appreciated! If you were in a similar situation and could share your relevant experience, that’s even better.

your visa is only for 6 mths 

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mindthegap Experienced

mindthegap   2,550

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted
24 minutes ago, SabrinaJerome said:

Also, someone along the way has said that the immigrating person has 6 months from the medical exam to enter at POE. Can anyone clarify that?

Might be important if you are trying to calculate down to weeks or days.

Other locations may differ, but certainly true for CR-1/IR-1 issued in the UK. 

Visa expiry is strictly dated 6 months from the medical. 

 

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

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pushbrk Grand Master

pushbrk   12,286

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Filed: Other Country: China
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Posted

Key is not to do the medical any further in advance of the interview than necessary.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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