CR-1 or IR-1/Travel during spouse visa

[matea 0]

Hello! Does anyone know:

 

1. How the consulate determines which visa you need CR-1 or IR-1? I know the conditions for each, but I wonder how they decide which visa to grant? Do they count the time from your official marriage until the day when you enter the US, or until your interview date at the consulate?  For example, it might be that it's still 1 year and 9 months have passed since my marriage, but because after the interview you get 6 months period of time during which you can go to the US, within those 6 months my marriage will reach 2 years already. So in that case what visa will I be granted - CR-1 or IR-1?

 

2. Am I allowed to travel on my B2/B1 visa to see my husband while my spouse visa (either CR-1 or IR-1) is pending?  What shall I tell at the border when I enter the US?

 

 

thank you so much!!!

[Dashinka 24,601]

3 minutes ago, matea said:

Hello! Does anyone know:

 

1. How the consulate determines which visa you need CR-1 or IR-1? I know the conditions for each, but I wonder how they decide which visa to grant? Do they count the time from your official marriage until the day when you enter the US, or until your interview date at the consulate?  For example, it might be that it's still 1 year and 9 months have passed since my marriage, but because after the interview you get 6 months period of time during which you can go to the US, within those 6 months my marriage will reach 2 years already. So in that case what visa will I be granted - CR-1 or IR-1?

the consulate will issue the visa based on the date of your marriage and the date your visa is issued.  So if you are married less than 2 years when the visa is issued it will say CR1, if over 2 years, then IR1.  That being said, a CR1 will convert to an IR1 if you enter the U.S. after your 2nd wedding anniversary.

3 minutes ago, matea said:

 

2. Am I allowed to travel on my B2/B1 visa to see my husband while my spouse visa (either CR-1 or IR-1) is pending?  What shall I tell at the border when I enter the US?

Yes, at the discretion of CBP.

 

 

 

3 minutes ago, matea said:

 

 

thank you so much!!!

 

[Crazy Cat 41,981]

14 minutes ago, matea said:

but because after the interview you get 6 months period of time during which you can go to the US,

For accuracy, the visa will expire 6 months after the medical exam...or even sooner. Expiration date is not based on visa issue date or interview date.

[matea 0]

Thank you so much guys!

[matea 0]

Do you know how long it takes to get CR-1/IR-1 these days?

[OldUser 6,891]

50 minutes ago, matea said:

Do you know how long it takes to get CR-1/IR-1 these days?

1.5-2 years

[JD2 72]

You can travel on B1/B2.  We did it several times.  If you're worried, go through a preclearance airport if possible and bring evidence of ties to your home country (job, housing, proof of funds, etc.)

[matea 0]

16 hours ago, OldUser said:

1.5-2 years

Do you know if it takes that long is bacause of the backlog from covid, or regardless?

[Redro 4,611]

3 hours ago, matea said:

Do you know if it takes that long is bacause of the backlog from covid, or regardless?

Depends on the consulate. Where do you expect to interview? 

[matea 0]

8 hours ago, Redro said:

Depends on the consulate. Where do you expect to interview? 

Armenia.

[matea 0]

8 hours ago, Redro said:

Depends on the consulate. Where do you expect to interview? 

Also, is it allowed to get married in the US on a tourist visa, and then come back to Armenia and start the process of CR-1/IR-1? Wouldn't it be an issue?

[OldUser 6,891]

2 minutes ago, matea said:

Also, is it allowed to get married in the US on a tourist visa, and then come back to Armenia and start the process of CR-1/IR-1? Wouldn't it be an issue?

Allowed. You may get into trouble with CBP entering the US with wedding dress in suitcase etc. That's one thing to think about.

[matea 0]

Just now, OldUser said:

Allowed. You may get into trouble with CBP entering the US with wedding dress in suitcase etc. That's one thing to think about.

No I don't mean bringing a wedding dress, but I mean getting a marriage certificate when I say get married. But if I enter the US with the intention of getting married there and then returning to my country, what should I tell the CBP?

[OldUser 6,891]

5 minutes ago, matea said:

No I don't mean bringing a wedding dress, but I mean getting a marriage certificate when I say get married. But if I enter the US with the intention of getting married there and then returning to my country, what should I tell the CBP?

Nothing unless asked. If CBP asks the purpose of your visit, based on what you're describing, you have a strong intent to marry and you should disclose it. The problem in this case though, there's 99.9% chance you won't be allowed to enter the US.

 

If you lie about your intent, you can get hit with misrepresentation and will require waiver to get immigrant visa.

Edited March 31 by OldUser

[matea 0]

1 minute ago, OldUser said:

Nothing unless asked. If CBP asks the purpose of your visit, based on what you're describing, you have a strong intent to marry and you should disclose it. The problem on this case though, there's 99.9% chance you won't be allowed to enter the US.

Okay so if I am asked what is the purpose of my visit, what should I tell them? (in case I want to get married and come back to my country and start the CR1/IR1 process?