NVC Visa Class: IR-1 but married less than 2 years.

[LBX 41]

As the title suggests, I was surprised to see IR-1 and not CR•1 as my Visa Class in NVC since I have been married just over a year. Wondering if the IR-1 class is normal but a CR-1 visa will be issued.

Thanks.

[Crazy Cat 39,218]

It is meaningless at this point.  If you enter the US (with a spousal visa) before 2 years of marriage, you will receive a 2 year Green Card.  Entering the US after 2 years of marriage should result in a 10 year Green Card.  If the wrong card is issued, you will have to submit an I-90 to correct it.  

[LBX 41]

2 minutes ago, Lucky Cat said:

It is meaningless at this point.  If you enter the US (with a spousal visa) before 2 years of marriage, you will receive a 2 year Green Card.  Entering the US after 2 years of marriage should result in a 10 year Green Card.  If the wrong card is issued, you will have to submit an I-90 to correct it.  

Thanks for the quick response and explanation. Much appreciated.

[HRQX 4,145]

20 hours ago, Lucky Cat said:

If the wrong card is issued, you will have to submit an I-90 to correct it.  

And reason (D) is free to file; "My existing card has incorrect data because of Department of Homeland Security error"

20 hours ago, LBX said:

Wondering if the IR-1 class is normal but a CR-1 visa will be issued.

You should get CR-1 visa. Even if you somehow get IR-1 by mistake, you are still subject to INA 216 if you enter the US before the second anniversary of your marriage.

 

8 C.F.R. § 235.11(b): "Correction of endorsement on immigrant visa. If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible."

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.