NVC, DQ'd and interview timeliness

[TiffAndMike 105]

Forgive me if this has been asked before but how long does it take NVC to issue your interview date after you have been DQ'd?

 

My husband and I are about 3 months shy of our 2 year wedding anniversary so we are trying to time things out perfectly so that his interview date falls the week after our anniversary.  

[Crazy Cat 44,034]

3 hours ago, TiffAndMike said:

Forgive me if this has been asked before but how long does it take NVC to issue your interview date after you have been DQ'd?

 

My husband and I are about 3 months shy of our 2 year wedding anniversary so we are trying to time things out perfectly so that his interview date falls the week after our anniversary.  

It depends on the queue at NVC for your consulate.  Once you are DQ'd you get in line at NVC.  When your case reaches the front of the line, NVC will schedule the interview.  

The interview date is irrelevant to CR-1 vs IR-1 (if that is your strategy).  If you enter the US after 2 years of marriage, then you will be eligible for a 10 year card.  I'd say you are in good shape for a 10 year card.

Edited yesterday at 11:05 AM by Crazy Cat

[TiffAndMike 105]

20 hours ago, Crazy Cat said:

It depends on the queue at NVC for your consulate.  Once you are DQ'd you get in line at NVC.  When your case reaches the front of the line, NVC will schedule the interview.  

The interview date is irrelevant to CR-1 vs IR-1 (if that is your strategy).  If you enter the US after 2 years of marriage, then you will be eligible for a 10 year card.  I'd say you are in good shape for a 10 year card.

Thank you! The paralegal assigned to my case at my attorney's office told me that you have to be married 2 years at the time of the interview.  

 

As a result, we have waited since we got approved in March to submit all the documents. 

 

We are going to to be at the Frankfurt consulate.

[appleblossom 4,092]

3 hours ago, TiffAndMike said:

Thank you! The paralegal assigned to my case at my attorney's office told me that you have to be married 2 years at the time of the interview.  

 

As a result, we have waited since we got approved in March to submit all the documents. 

 

We are going to to be at the Frankfurt consulate.

 

The paralegal was wrong! 
 

Frankfurt is pretty quick so you may well have your interview before your anniversary, but all you need to do it wait to enter the US until after your anniversary. I’d leave it a few days afterwards, as we’ve seen people travel the day after or even the same day and then have to get their green cards corrected as the immigration officer has calculated it wrongly. 

[S2N 173]

To clarify: the consulate will issue the visa as CR-1 if it is issued prior to the second anniversary. USCIS will then review the admission class and underlying support when issuing the green card and issue a 10-year green card if you enter after 2 years.

 

If they don’t, you can request them reissue it for 10 years for free.

 

I would also suggest asking CBP to input IR-1 as the class of admission if it’s been more than 2 years. They default to what’s on the visa, and most of the cases where USCIS have screwed up is when CBP notes admission as CR-1 but it’s more than 2 years. They don’t have to note you as IR-1 at the port of entry, but it doesn’t hurt to ask nicely. Sometimes they will oblige, sometimes not. Doesn’t impact your legal rights either way; just removes a potential point of confusion for USCIS if they do it. I wouldn’t push to hard on this point though if CBP is hesitant.

Edited 2 hours ago by S2N