PSA: If entering the USA 2 years after marriage, kindly remind the immigration officer of this

[spicynujac 70]

We had a smooth entrance to the US, entering about 2 years and a week after our legal marriage.

 

I mentioned this to the immigration officer as he was finalizing our entrance (the entire process took maybe 3 minutes) and he said "Oh, hmm I wonder if I could go ahead and change you an IR-1."  The agent right next to him said "Yes, you can do that" and he acted surprised.  (He actually scribbled something out he already wrote on the visa and changed it to IR-1 haha I hope it's valid!)

 

His comments made it pretty clear he was going to erroneously issue us a CR-1 and he seemed to not even know he could change the visa status until his coworker advised him (THANK GOODNESS she overheard!).  I don't know how onerous the process is to correct such an oversight but I'm glad we didn't have to find out!

 

Just wanted to pass this along in the hopes it saves someone from any problems with the wrong stamp being placed in the passport, as I've read about here before....  I would kindly remind the officer "We married >2 years ago.  We can enter with an IR-1 visa now right?

[S2N 318]

Yes. Yes. Yes.

 

While USCIS theoretically reviews all admissions and compares dates before issuing the GC, if CBP admits as CR-1, they will sometimes screw it up and issue a 2 year green card (not always.) In many (probably most) cases they correct it, but I see no benefit in giving then the chance to screw it up.

 

I’ve never seen a case on here or IRL where they’ve screwed up if you ask CBP nicely to change admission class to IR-1 after 2 years.
 

Some POE are stricter on not doing it than others, but it costs you nothing to ask them kindly.

Edited July 9 by S2N

[milimelo 4,739]

Always been the case to raise this at POE if traveling after 2nd marriage anniversary. 

[Reynal2m 37]

21 hours ago, milimelo said:

Always been the case to raise this at POE if traveling after 2nd marriage anniversary. 

Wouldn't they get mad if you remind them?

[S2N 318]

14 minutes ago, Reynal2m said:

Wouldn't they get mad if you remind them?

The worst they can do is say no and admit you as CR-1 at that point. There are practically zero denials of entry for people on family reunification visas except at the Canadian border if the intending immigrant makes it clear they don’t plan on actually moving to the U.S. and even that is pretty rare.

 

Most CBP officers are reasonable people. Some are jerks — I find DFW ones to be particularly short with you — but even in the unlikely event that they get mad because you asked, it won’t have any impact on you other than potentially having to file I-90 for free with USCIS, which isn’t any different a place than you were in before asking.

Edited July 10 by S2N

[OldUser 9,939]

12 minutes ago, Reynal2m said:

Wouldn't they get mad if you remind them?

I'd think most won't. And few weirdos that would get mad - it's their problem. All you are trying to do is make sure you are recorded correctly so you get correct GC.

[JeanneAdil 7,083]

1 hour ago, Reynal2m said:

Wouldn't they get mad if you remind them?

Why?   You are , in theory, coming in as LPR, giving you rights to ask questions or make comments to those we pay salary to

I mean be more careful of customs and what u bring in that may be not allowed 

and always treat officals with respect /same as they are to treat you 

 

Lawful Permanent Residents (LPRs), also known as green card holders, have significant rights and protections under U.S. law. These include the right to live and work in the United States, access to certain public benefits, the ability to travel within the U.S. and abroad, and the right to petition for family members. They also have the right to be protected by all U.S. laws, including those related to employment, education, and criminal justice. 

[S2N 318]

1 minute ago, JeanneAdil said:

You are , in theory, coming in as LPR

The intending immigrant isn’t an LPR until CBP stamps the passport and gives them a class of admission. IR-1/CR-1, like any visa, only confer the right to ask for admission.
 

It’s worth making this distinction since if you don’t meet the requirements of the class of admission they can deny entry — though in the case of family reunification visas this only practically applies to Canadians wanting a green card to work/visit while still residing in Canada.

 

Though like I said above, there’s really no reason not to ask about it.

[TBoneTX 47,517]

Many CBP agents are in a foul mood and are looking to nail somebody.

The magic words are, "May we involve your shift supervisor now, please?"

[JeanneAdil 7,083]

On 7/10/2025 at 1:39 PM, S2N said:

The intending immigrant isn’t an LPR until CBP stamps the passport and gives them a class of admission. IR-1/CR-1, like any visa, only confer the right to ask for admission.
 

It’s worth making this distinction since if you don’t meet the requirements of the class of admission they can deny entry — though in the case of family reunification visas this only practically applies to Canadians wanting a green card to work/visit while still residing in Canada.

 

Though like I said above, there’s really no reason not to ask about it.

He is at POE as soon as they put 551 on the stamp so can tell him IR1 at that point and not worry about making someone upset 

 

[LBT & MDM 3]

When my husband entered after our 2nd anniversary and asked the border officer about that, the officer told him it was up to the uscis to decide that and they'd correct it if need be. And that makes sense since they have the date of your wedding and then the date you enter. So unless he was lied to, the stamp makes no difference and tje class will be corrected when the greencard is printed. 

[Crazy Cat 44,495]

12 minutes ago, LBT & MDM said:

When my husband entered after our 2nd anniversary and asked the border officer about that, the officer told him it was up to the uscis to decide that and they'd correct it if need be. And that makes sense since they have the date of your wedding and then the date you enter. So unless he was lied to, the stamp makes no difference and tje class will be corrected when the greencard is printed. 

Exactly correct.  USCIS makes the determination based on your records....not based on what CBP writes.

[S2N 318]

4 hours ago, LBT & MDM said:

When my husband entered after our 2nd anniversary and asked the border officer about that, the officer told him it was up to the uscis to decide that and they'd correct it if need be. And that makes sense since they have the date of your wedding and then the date you enter. So unless he was lied to, the stamp makes no difference and tje class will be corrected when the greencard is printed. 

USCIS sometimes screws up and issues a two year green card when they should issue a ten year one. The CBP officer you met was correct, they’re supposed to compare your date of entry to the documents they have and make the determination, but they don’t always do it correctly.

 

It’s not a huge deal if they do — you just file a free I-90, but that takes a while and most people would prefer to have the correct physical green card as proof of status vs an IDIT.

 

The reason a lot of people request CBP admit as IR-1 at the POE is that USCIS is less likely to make a mistake if the class of admission reflects IR-1. CBP can do it if they want, but some POEs don’t. It’s nothing to make a fuss about, but it also doesn’t hurt anything and removes a potential point of error for USCIS.

Edited Sunday at 05:27 PM by S2N

[spicynujac 70]

On 7/10/2025 at 10:34 AM, Reynal2m said:

Wouldn't they get mad if you remind them?

It's all in HOW you do it.

If you are married, just think about the GOOD way to ask your wife a question, versus the way you know will result in a bad response

 

I merely made the statement in front of the officer "We've been married for 2 years now!" and he put the rest of it together.  Demanding that he write us down as IR1... may not gone as smoothly.  Of course you can Choose Your Own Adventure if you like!

[Moda25 71]

My husband did remind him and he still went ahead and stamped his passport with a CR1. However, he was issued a 10 year green card. There are people who got IR1 stamps and still received 2 year green cards in error. You’ll never know until the green card arrives.

Edited yesterday at 05:12 PM by Moda25