CR1 to IR1 - Nearing 2 year Anniversary

[MattyUKtoUS 242]

I am quickly approaching my two year anniversary with my husband but applied for the CR1 greencard and since April my case remains stuck at the NVC.  I’m curious if my CR1 will turn into an IR1, even if I have the interview before my anniversary but don’t fly to the US till a day after my wedding anniversary.  At this point it would seem rather silly to fly in one week earlier when flying in one week later would save me the ROC procedure. Just wondered if anybody could offer any opinions on this.
Fairly sure I heard that it’s all relevant to the passport stamp at the POE but would like to confirm this, of course.  

Many thanks in advance, Matt.

[Melc 138]

8 minutes ago, MattyUKtoUS said:

I am quickly approaching my two year anniversary with my husband but applied for the CR1 greencard and since April my case remains stuck at the NVC.  I’m curious if my CR1 will turn into an IR1, even if I have the interview before my anniversary but don’t fly to the US till a day after my wedding anniversary.  At this point it would seem rather silly to fly in one week earlier when flying in one week later would save me the ROC procedure. Just wondered if anybody could offer any opinions on this.
Fairly sure I heard that it’s all relevant to the passport stamp at the POE but would like to confirm this, of course.  

Many thanks in advance, Matt.

It’s not down to the passport stamp itself, but the date of entry. If you enter after your 2nd anniversary, regardless of whether the visa you were issues was an IR1 or a CR1, you’re entitled to an unconditional green card. 
 

In case your visa is a CR-1, you’re recommended to take your marriage certificate with you and show/mention this at the POE so they can adjust accordingly. 
 

if you get sent a conditional green card you’d have to mail it back to USCIS, taking quite some time. So it’s easier to sort it out right at the POE. 

[Crazy Cat 39,375]

36 minutes ago, MattyUKtoUS said:

I’m curious if my CR1 will turn into an IR1, even if I have the interview before my anniversary but don’t fly to the US till a day after my wedding anniversary.  

If you enter the US on or after your 2 year wedding anniversary, you should receive a 10 Year Green card.  Personally, I would wait.  My wife entered 30 days prior to our 2 year anniversary.......We wish she had waited....LOL.

Edited August 3, 2020 by Lucky Cat

[Mollie09 1,543]

11 hours ago, MattyUKtoUS said:

I am quickly approaching my two year anniversary with my husband but applied for the CR1 greencard and since April my case remains stuck at the NVC.  I’m curious if my CR1 will turn into an IR1, even if I have the interview before my anniversary but don’t fly to the US till a day after my wedding anniversary.  At this point it would seem rather silly to fly in one week earlier when flying in one week later would save me the ROC procedure. Just wondered if anybody could offer any opinions on this.
Fairly sure I heard that it’s all relevant to the passport stamp at the POE but would like to confirm this, of course.  

Many thanks in advance, Matt.

If you're anywhere close, I would wait. I-751 is a nightmare.

Just do POE a day after, and point it out just in case. It should be IR-1 regardless but sometimes it gets messed up.

[Crazy Cat 39,375]

Just now, Mollie09 said:

If you're anywhere close, I would wait. I-751 is a nightmare.

Just do POE a day after, and point it out just in case. It should be IR-1 regardless but sometimes it gets messed up.

Agree 100%.    When my wife entered, the CBP officer even said, "If you had waited 30 days, you would get a 10 year green card."  We filed my wife's I-751 in late March 2019.  We have been in the "Case is waiting to be scheduled an interview" since May 2019.........

[MattyUKtoUS 242]

October 12 is the 2 year anniversary so 10 weeks today. Still nothing from the NVC or Embassy so it's really starting to look worthwhile holding back a bit, as much as that utterly pains me.

 

Thanks to everyone for the advise. It's really apricated. I will make sure to have our marriage cert and explain it at the POE so they know!

[Crazy Cat 39,375]

1 minute ago, MattyUKtoUS said:

It's really apricated. I will make sure to have our marriage cert and explain it at the POE so they know!

The type of Green Card (2 yr or 10 yr) is not decided by CBP at the border.......but showing them your marriage certificate won't do any harm.

[MattyUKtoUS 242]

Just now, Lucky Cat said:

The type of Green Card (2 yr or 10 yr) is not decided by CBP at the border.......but showing them your marriage certificate won't do any harm.

Thanks Lucky.

 

Is there anything else I can do to ensure it's done right?

[Crazy Cat 39,375]

1 minute ago, MattyUKtoUS said:

Thanks Lucky.

 

Is there anything else I can do to ensure it's done right?

Not to my knowledge........They usually get it right.  I can recall only a few times this error has occurred.  

[Just Paul 4,591]

3 minutes ago, MattyUKtoUS said:

Is there anything else I can do to ensure it's done right?

Just enter after the anniversary.  You can point out at the POE that you have been married 2 years.   If she does get a 2 year card you can file an I-90 for free to get a 10 year.

[MattyUKtoUS 242]

It just occurred to me, my Police Cert will be over 6 months old if I wait - Is that OK or would I need a new one?

 

Medical should be fine as I haven't taken that yet. 

[Just Paul 4,591]

2 hours ago, MattyUKtoUS said:

It just occurred to me, my Police Cert will be over 6 months old if I wait - Is that OK or would I need a new one?

Spousals are good for a year.

[MattyUKtoUS 242]

27 minutes ago, Paul & Mary said:

Spousals are good for a year.

Thank you  That's helped me relax a bit. Now just need the embassy to open!

 

Hope you have a nice week! 

 

Matt