which type CR1 / IR1 Immigration Visa will I receive?

[Najjar 1]

Hello, 

my question is about  immigration visa CR1/IR1, I will have my interview next month before my 2nd Marriage anniversary. I will be completing  two years marriage in August and my Visa interview in June , which kind of Green Card i will receive ?
please note i will enter US after my 2nd Marriage anniversary, at port entry they will stamp for me CR1 or IR1? 

any advises or tips required for this situation

[PaulaCJohnny 712]

2 minutes ago, Najjar said:

Hello, 

my question is about  immigration visa CR1/IR1, I will have my interview next month before my 2nd Marriage anniversary. I will be completing  two years marriage in August and my Visa interview in June , which kind of Green Card i will receive ?
please note i will enter US after my 2nd Marriage anniversary, at port entry they will stamp for me CR1 or IR1? 

any advises or tips required for this situation

If you arrive after your 2 years anniversary your visa will be IR1

[Najjar 1]

1 minute ago, Paula&Johnny said:

If you arrive after your 2 years anniversary your visa will be IR1

Hello, 

 

thank you for your reply. Is there any action to take at the time of entry or will i receive the IR1 automatically? 

[PaulaCJohnny 712]

Just now, Najjar said:

Hello, 

 

thank you for your reply. Is there any action to take at the time of entry or will i receive the IR1 automatically? 

Is automatically.  You don't need to do nothing 

[Najjar 1]

1 minute ago, Paula&Johnny said:

Is automatically.  You don't need to do nothing 

actually i was reading in many blogs and some of them mentioned. based on the time of interview and since i was at that time less than two years marriage i need to file another form to remove the condition, is that info about it's automatic by law or from an experience?

 

thanks alot for your helpful answers. 

[PaulaCJohnny 712]

24 minutes ago, Najjar said:

actually i was reading in many blogs and some of them mentioned. based on the time of interview and since i was at that time less than two years marriage i need to file another form to remove the condition, is that info about it's automatic by law or from an experience?

 

thanks alot for your helpful answers. 

The green card time (2 or 10 years) is based on the day you arrive in the US. 

The ROC (Remove of conditions) is for somebody who receives de 2 years green card.

 

 

[Crazy Cat 39,336]

3 hours ago, Najjar said:

actually i was reading in many blogs and some of them mentioned. based on the time of interview

That is not true for CR-1/IR-1 visas.  It is based strictly on the length of marriage at the time of entry into the US.   If entry is after your 2 year anniversary, the result will be a 10 year Green card.  If USCIS makes a mistake, you can send an I-90 to receive the correct card.

 

You are now armed with facts.  There is a lot of misinformation out there on FB, Youtube, etc.,

Edited May 22, 2021 by Lucky Cat

[Najjar 1]

12 minutes ago, Lucky Cat said:

That is not true for CR-1/IR-1 visas.  It is based strictly on the length of marriage at the time of entry into the US.   If entry is after your 2 year anniversary, the result will be a 10 year Green card.  If USCIS makes a mistake, you can send an I-90 to receive the correct card.

 

You are now armed with facts.  There is a lot of misinformation out there,

thank you so much for the clarification

[Nitas_man 3,100]

12 hours ago, Najjar said:

Hello, 

my question is about  immigration visa CR1/IR1, I will have my interview next month before my 2nd Marriage anniversary. I will be completing  two years marriage in August and my Visa interview in June , which kind of Green Card i will receive ?
please note i will enter US after my 2nd Marriage anniversary, at port entry they will stamp for me CR1 or IR1? 

any advises or tips required for this situation

10 year card.  Make SURE the beneficiary points that out in secondary.  It is based on length of marriage at entry.  They occasionally make a mistake but if they see it they enter it correctly.

Edited May 23, 2021 by Nitas_man

[Najjar 1]

5 hours ago, Nitas_man said:

10 year card.  Make SURE the beneficiary points that out in secondary.  It is based on length of marriage at entry.  They occasionally make a mistake but if they see it they enter it correctly.

Thank you, may i know if this info from personal experience or by law since many immigrantion consultants confirmed that its based on the time of visa interview and the sealed envelope they will provide after the interview. 

[Crazy Cat 39,336]

33 minutes ago, Najjar said:

since many immigrantion consultants confirmed that its based on the time of visa interview and the sealed envelope they will provide after the interview. 

Those "many immigration consultants" are wrong.  The determination of 2 year card vs a 10 year card is based SOLELY on the length of the marriage at the time the CR-1/IR-1 visa holder enters the US.  It is based on the law/rules. The interview date is irrelevant.   

 

My personal experience:  My wife entered the US 30 days before our 2 year wedding anniversary.  When she arrived, the CBP agent who stamped her passport said "If you had waited for 30 days, you would have received a 10 year green card".  

Edited May 23, 2021 by Lucky Cat

[Najjar 1]

21 minutes ago, Lucky Cat said:

Those "many immigration consultants" are wrong.  The determination of 2 year card vs a 10 year card is based SOLELY on the length of the marriage at the time the CR-1/IR-1 visa holder enters the US.  It is based on the law/rules. The interview date is irrelevant.   

Thanks alot, do you have any official reference for that law? I tried to search and read alot about the topic but i couldn't find a reference about the entry time. 

[Crazy Cat 39,336]

7 minutes ago, Najjar said:

Thanks alot, do you have any official reference for that law? I tried to search and read alot about the topic but i couldn't find a reference about the entry time. 

The visa holder becomes a legal resident the second he/she enters the US.  Here is one such reference which defines a conditional 2 year Green Card.

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

 

 

Edited May 23, 2021 by Lucky Cat

[Crazy Cat 39,336]

Here is another reference from a well-known law firm
https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter7-4.html

 

"If you are a foreign national and have been married to your U.S. citizen spouse for less than two years when you either arrive in the United States on an immigrant visa or are approved for a green card (adjustment of status), you will begin life in America as a conditional, not permanent resident. "

 

 

 

[Crazy Cat 39,336]

Here is another reference from a law firm:

 

https://www.formanlaw.net/the-10-year-green-card-and-the-two-year-green-card