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PIRuby

CR1 vs IR1

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

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HRQX Veteran

HRQX   4,145

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6 minutes ago, PIRuby said:

Will the visa be changed to IR! and IR2 if the interviews take place after the 2 year mark?

Yes. If the marriage is 2 years or older at the time of entering the US with the Immigrant Visas then 10-year Green Cards should be issued; see 8 CFR § 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."

pushbrk Grand Master

pushbrk   12,979

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19 hours ago, PIRuby said:

Gracias!!!

You have the correct answer, but be advised, your applications are for immigrant visas for spouse and stepchild, not for CR1 and CR2.  The correct visas will be issued.  Even if the visas are CR, if you enter the USA after the second wedding anniversary, the status granted should be IR.

19 hours ago, PIRuby said:

Gracias!!!

You have the correct answer, but be advised, your applications are for immigrant visas for spouse and stepchild, not for CR1 and CR2.  The correct visas will be issued.  Even if the visas are CR, if you enter the USA after the second wedding anniversary, the status granted should be IR.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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