CR1 to IR1 conversion at the port of entry

[Dil & Malar 91]

As per the immigration rule,  if the CR1 visa is issued and if you come to USA through the port of entry after the second year marriage anniversary,  if we inform the CBP officer about it and give the copy of marriage certificate,  CBP officer will update the visa to IR1 and the we get 10 year GC.    Did anyone go through this situation and successfully got IR1 updated with 10 year GC?

 

 

[Mike E 11,723]

Some officers will and some won’t. This has been reported either way on VJ several times.

 

Regardless what the officer does, if you do not get a 10 year card, file I-90 for free to get one. Do not ever expect I-90 to be resolved.

[Dil & Malar 91]

6 minutes ago, Mike E said:

Some officers will and some won’t. This has been reported either way on VJ several times.

 

Regardless what the officer does, if you do not get a 10 year card, file I-90 for free to get one. Do not ever expect I-90 to be resolved.

Yes, we can claim this as DHS error and file I-90 with $0 to get replacement.  Of-course the processing time is about 20 months..  so bottom line is  take a chance. ?

[Chancy 6,233]

*** Moved from IR1/CR1 Process & Procedures to Moving to the US forum -- topic is about POE procedures after the visa process ***

 

28 minutes ago, Dil & Malar said:

CBP officer will update the visa to IR1 and the we get 10 year GC.

 

Only the consulate can change the visa issued to an applicant.  CBP cannot tamper with the visa, apart from putting the entry stamp on it.  It doesn't matter whether CBP writes CR1 or IR1 on the stamp.  It is USCIS that determines whether an LPR should get a 2-year or a 10-year green card, based on the wedding date on the marriage certificate and the date of 1st US entry.  If USCIS makes a mistake, file an I-90 for free, to replace the green card.

 

[pushbrk 12,132]

43 minutes ago, Dil & Malar said:

As per the immigration rule,  if the CR1 visa is issued and if you come to USA through the port of entry after the second year marriage anniversary,  if we inform the CBP officer about it and give the copy of marriage certificate,  CBP officer will update the visa to IR1 and the we get 10 year GC.    Did anyone go through this situation and successfully got IR1 updated with 10 year GC?

 

 

This is an inaccurate description of what is supposed to happen.  The "visa" doesn't change.  You simply get IR1 status upon entry.  Also, while it is GOOD to mention it to the officer, it is supposed to happen automatically, not at the POE, but when USCIS issues the green card.  CR1 and IR1 are both visa categories (Department of State) and immigration status (USCIS)

[Mike E 11,723]

48 minutes ago, Dil & Malar said:

bottom line is  take a chance

It is only taking a chance of you have a choice. Your timeline says you have not reached DQ.
 

So based on that, you do have choice: wait until your 2 year marriage anniversary to submit everything needed to achieve DQ.

[Dil & Malar 91]

2 minutes ago, Mike E said:

It is only taking a chance of you have a choice. Your timeline says you have not reached DQ.
 

So based on that, you do have choice: wait until your 2 year marriage anniversary to submit everything needed to achieve DQ.

I am DQed on 12/30/2022. 

Case Completed at NVC :

2022-12-30

[Redro 4,601]

22 minutes ago, Dil & Malar said:

I am DQed on 12/30/2022. 

Case Completed at NVC :

2022-12-30

When did you get married? 

[Dil & Malar 91]

11 minutes ago, Redro said:

When did you get married? 

10/25/2021

[Mike E 11,723]

23 minutes ago, Dil & Malar said:

10/25/2021

I think you did your NVC processing too soon to meet your parameters.  
 

So “chance” no longer applies.
 

Still you have control over arriving in the U.S. after your 2 year marriage anniversary to ensure your legal right to a 10 year gc.

Edited May 29, 2023 by Mike E

[Redro 4,601]

32 minutes ago, Dil & Malar said:

10/25/2021

You’ll have 6 months after the medical to enter the US… so right now if the beneficiary  had their medical tomorrow they would have to enter before November 29… not sure when you’ll be scheduled for interview but you should be fine. Just enter after 2nd anniversary and remind CBP of your wedding date. 

Edited May 29, 2023 by Redro