CR1 approved 1 month before IR1 status

[Mintosman 11]

Hello, I am wondering if you get your Visa approved a month or two before your 2nd anniversary, can you wait until after that anniversary passes and then travel to USA and get a 10 year green card instead of the 2 year card?

[SalishSea 16,945]

21 minutes ago, Mintosman said:

Hello, I am wondering if you get your Visa approved a month or two before your 2nd anniversary, can you wait until after that anniversary passes and then travel to USA and get a 10 year green card instead of the 2 year card?

Yes.

[Mintosman 11]

5 minutes ago, Jorgedig said:

Yes.

Thank you! Redmond resident here 😉

[SalishSea 16,945]

1 minute ago, Mintosman said:

Thank you! Redmond resident here 😉

Oh hey there, neighbor!  We are on Finn Hill 😊

[Crazy Cat 39,742]

44 minutes ago, Mintosman said:

Hello, I am wondering if you get your Visa approved a month or two before your 2nd anniversary, can you wait until after that anniversary passes and then travel to USA and get a 10 year green card instead of the 2 year card?

Yes.  I advise to do exactly that if possible.  

[arken 4,197]

You'll be doing yourself a huge favor by traveling to the US after 2nd year anniversary. Just make sure the visa won't expire by that time.

[Mintosman 11]

42 minutes ago, arken said:

You'll be doing yourself a huge favor by traveling to the US after 2nd year anniversary. Just make sure the visa won't expire by that time.

My only concern is that an acquaintance did just that a month ago and the CBP Officer stamped it someway as a 2 year visa. She asked the officer “shouldn’t that be a 10 year visa” and he said “do you want to see your husband or not “?  So she didn’t want to risk anything and just left.

[Crazy Cat 39,742]

14 minutes ago, Mintosman said:

My only concern is that an acquaintance did just that a month ago and the CBP Officer stamped it someway as a 2 year visa. She asked the officer “shouldn’t that be a 10 year visa” and he said “do you want to see your husband or not “?  So she didn’t want to risk anything and just left.

It does not matter what CBP says or what CBP  stamps in the passport. CBP does not determine whether a new immigrant receives a 2 year card or a 10 year card.  That is determined by the records when the card is produced by USCIS.  If entry is after 2 years of marriage, the new immigrant should receive a 10 year card.  If he/she receives the wrong card, a corrected card can be requested by submitting an I-90.  I strongly advise you to wait until after 2 years of marriage to enter the US, if you can.

Edited August 29, 2021 by Crazy Cat

[pushbrk 12,253]

4 hours ago, Mintosman said:

Hello, I am wondering if you get your Visa approved a month or two before your 2nd anniversary, can you wait until after that anniversary passes and then travel to USA and get a 10 year green card instead of the 2 year card?

Absolutely, yes.  However, sometimes the wrong card gets issued.  If it does, file an I-90 with no fee to get reissued correctly.

[HRQX 4,145]

2 hours ago, Mintosman said:

My only concern is that an acquaintance did just that a month ago and the CBP Officer stamped it someway as a 2 year visa. She asked the officer “shouldn’t that be a 10 year visa” and he said “do you want to see your husband or not “?  So she didn’t want to risk anything and just left.

If the wrong card is issued then file Form I-90 for free because of DHS error: https://www.uscis.gov/i-90

 

See 8 CFR § 1235.11(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."

[Mintosman 11]

18 minutes ago, HRQX said:

If the wrong card is issued then file Form I-90 for free because of DHS error: https://www.uscis.gov/i-90

 

See 8 CFR § 1235.11(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."

Thank you 🙏🏻 

19 minutes ago, pushbrk said:

Absolutely, yes.  However, sometimes the wrong card gets issued.  If it does, file an I-90 with no fee to get reissued correctly.

Thank you!!

[jademd123 8]

On 8/29/2021 at 9:46 PM, Mintosman said:

My only concern is that an acquaintance did just that a month ago and the CBP Officer stamped it someway as a 2 year visa. She asked the officer “shouldn’t that be a 10 year visa” and he said “do you want to see your husband or not “?  So she didn’t want to risk anything and just left.

Which port of entry is this? Sounds a bit hostile to be honest. 😢