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FrozenThai

Due to long processing is it possible to end up with a IR visa instead of CR?

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

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FrozenThai Rookie

FrozenThai   0

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I started my visa on April 2019, married in November 2018.   I am now at the stage of Documentarily Qualified but with no embassy appointment yet.  However with the current state of things if my wife doesn’t enter the US before November 2020, would she get a IR visa instead of a CR since we will have been married more than 2 years?  Is there anything I would need to do beyond waiting till November to ensure she came in with an IR visa?

 

I am trying to find a bright side to this delay.  

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Dashinka Grand Master

Dashinka   23,267

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Filed: Citizen (apr) Country: Russia
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CR1 vs IR1 can be determined at the POE.  So if you are issued a spousal visa prior to your two year anniversary, it reverts to an IR1 if you actually enter the US after your two year wedding anniversary.  That being said, the delays certainly could put you in a position to facilitate this and avoid ROC.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Crazy Cat Grand Master

Crazy Cat   39,312

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Filed: Citizen (apr) Country: Taiwan
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36 minutes ago, FrozenThai said:

Is there anything I would need to do beyond waiting till November to ensure she came in with an IR visa?

Nope.  As long as she enters after 2 years of marriage, she will receive a 10 year green card.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Sparkle Sparkle Proficient

Sparkle Sparkle   913

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Filed: K-1 Visa Country: Germany
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In other words no matter which one you get you have wait I'll days after your 2nd anniversary in November 2020 to get the 2020 GC...and yes with what is going on, I the odds seem to be in your favor. 

Speak the truth even if your voice shakes

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Ann&James Collaborator

Ann&James   179

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Filed: IR-1/CR-1 Visa Country: Trinidad and Tobago
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1 hour ago, FrozenThai said:

I started my visa on April 2019, married in November 2018.   I am now at the stage of Documentarily Qualified but with no embassy appointment yet.  However with the current state of things if my wife doesn’t enter the US before November 2020, would she get a IR visa instead of a CR since we will have been married more than 2 years?  Is there anything I would need to do beyond waiting till November to ensure she came in with an IR visa?

 

I am trying to find a bright side to this delay.  

After medical she still has 6 months to enter the us which will definitely get her that 10 year green card and avoid the hassle of ROC

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