IR1 Question

[oldgreg 20]

Got word today that my wife's interview got pushed back three weeks. It got me to thinking about the CR1 vs IR1. I understand that the IR1 is granted if you enter after your two yr anniversary. My question is this, we signed marital paperwork on Sept 16. Our paperwork was filed and received with USCIS a month and a half later. Would they use the November date or the Sept date? 

[S2N 159]

14 minutes ago, oldgreg said:

Got word today that my wife's interview got pushed back three weeks. It got me to thinking about the CR1 vs IR1. I understand that the IR1 is granted if you enter after your two yr anniversary. My question is this, we signed marital paperwork on Sept 16. Our paperwork was filed and received with USCIS a month and a half later. Would they use the November date or the Sept date? 

What date did the officiant list as the date of marriage on the marriage document. Not the date it was filed.

[Boiler 47,173]

When is your wedding anniversary?

[oldgreg 20]

Signed paperwork for our civil marriage Sept 16, 2023. I talked with the wifey and she said she doesn't want to wait and we can do paperwork in two years if all goes according to plans.

[appleblossom 4,081]

5 hours ago, oldgreg said:

Signed paperwork for our civil marriage Sept 16, 2023. I talked with the wifey and she said she doesn't want to wait and we can do paperwork in two years if all goes according to plans.

When’s the interview? By the time she’s got her visa back then you could only be a short time from the 2 year anniversary. 
 

I’d look carefully at the paperwork for removing conditions before you make a decision, and the extra fees you’d have to pay as well. I understand her wanting to be with you asap but it’s a lot of extra hassle and cost which could potentially be avoided if she is prepared to just wait an extra few weeks. 

Edited Thursday at 10:47 AM by appleblossom

[Crazy Cat 44,013]

7 hours ago, oldgreg said:

Got word today that my wife's interview got pushed back three weeks. It got me to thinking about the CR1 vs IR1. I understand that the IR1 is granted if you enter after your two yr anniversary. My question is this, we signed marital paperwork on Sept 16. Our paperwork was filed and received with USCIS a month and a half later. Would they use the November date or the Sept date? 

The correct answer is the date the marriage is considered legal.  In some countries, it is when the marriage paperwork is signed.  In other countries, it is when the marriage is registered with local officials. 

Example:  Wife and I had our "ceremony" on July 27th.  My wife, the two required witnesses, and I signed our marriage contract on that day.  However, we registered our marriage with our local Household Registration Office on July 30.  By Taiwanese law, July 30th is our official date of marriage. 

[Crazy Cat 44,013]

7 hours ago, oldgreg said:

I talked with the wifey and she said she doesn't want to wait and we can do paperwork in two years if all goes according to plans.

My wife entered the US about 30 days prior to our 2nd anniversary.  Even the CBP officer said, "You could have been an IR-1 if you had waited". 

As a result, we had to file an I-751 two years later.  The I-751 is a hassle....and it then took 44 months to be approved (with no RFEs).   I wish we had waited.

Edited Thursday at 01:32 PM by Crazy Cat

[mam521 2,459]

We got married March 31, 2018.  We had an interview March 9, 2020.  We waited until April 1, 2020 to enter the US after heeding warnings from people here.  Best thing we could have ever done.  We didn't have to remove conditions, we didn't have to request joint ROC & naturalization interviews, no carrying around extension letters, no ridiculous, inflated fees...none of it. 

 

With the current state of affairs, a couple of extra weeks to have that permanent, 10 year card is worth it.  Considering how long the process has taken, what's another couple of weeks?  Marriage is supposed to be forever.  This is just a blip in that timeline.  

[oldgreg 20]

Interview is July 9th. Tentative plan is for her to fly back to the states with me August 2nd if all goes according to plan.

[oldgreg 20]

4 hours ago, Crazy Cat said:

The correct answer is the date the marriage is considered legal.  In some countries, it is when the marriage paperwork is signed.  In other countries, it is when the marriage is registered with local officials. 

Example:  Wife and I had our "ceremony" on July 27th.  My wife, the two required witnesses, and I signed our marriage contract on that day.  However, we registered our marriage with our local Household Registration Office on July 30.  By Taiwanese law, July 30th is our official date of marriage. 

I just looked at the marriage certificate and it says Sept 16. I know it took a while for it to get filed, so I wasn't sure which date it was. Thank you for the feedback.

[mam521 2,459]

15 minutes ago, oldgreg said:

Interview is July 9th. Tentative plan is for her to fly back to the states with me August 2nd if all goes according to plan.

I would wait the extra couple of weeks.  Honestly, it's so not worth the headache when you're THAT CLOSE to your 2 year anniversary. 

 

Believe me, I get it.  I had to pack up my kids and move out of the States (I met my husband when I was on a work visa), leaving our family home, the kids' schools, my "regular" job, still paying a mortgage back in the US and looking after rent and bills in Canada for 18 months.  Hubs and I had discussed and decided anything within a 3 month window of our 2 year anniversary - we'd wait.  Happy we did, even though we had to move in the middle of covid when the border was technically closed and school, work, logistics were all a giant cluster of uncertainty.  

Edited Thursday at 03:28 PM by mam521

[appleblossom 4,081]

6 hours ago, oldgreg said:

Interview is July 9th. Tentative plan is for her to fly back to the states with me August 2nd if all goes according to plan.

 

For the sake of 6 weeks, I'd delay it personally. But everybody is different, so look at the paperwork involved in removal of conditions, and the cost, and then see what you reckon. There's a handy guide on here which may be useful - 

 

[oldgreg 20]

We talked this through and will wait the extra six weeks. Thank you all for your input.