passed interview in MTL but 'refused' on technicality

[teama&a 3]

Hello,

So, my husband and I attended the interview for IR1/CR1 this month. The officer gave me a welcome letter and said that I had passed the interview. He then looked at our wedding date (Aug. 25, 2014) and advised me to have the visa "refused" for administrative purposes. He said that if the visa is issued today (day of interview) I would have to move before our wedding anniversary and immediately apply for the adjustment of status since we are well into the 90-day period. He said if I am approved and issued the CR1 that I cannot enter the US after Aug 25 and have a CR1 visa stamped and activated with an IR1 stamp. So, due to technicality he gave me a visa refusal for insufficient documents saying I had to send them my passport by mail after our anniversary date in order to have an IR1 visa issued to me and bypass the adjustment of status phase.

My question is, has this ever happened to anyone before? How long does it take for the embassy to receive documents sent and issue a visa? He mentioned sending the passport a week or 2 before the anniversary date, my only worry is if I send it too early and it is issued before Aug 25. I also don't want to send it too late, and have to wait 6-8 weeks for processing as I'm getting ready to tie up loose ends (car insurance, work etc).

Any advice would be greatly appreciated

[Exocet 88]

This doesn't make sense to me. I thought it was the date of POE that mattered, not the date of issuance of the visa. And even still, that should be a decision you make... Very confusing.

This doesn't make sense to me. I thought it was the date of POE that mattered, not the date of issuance of the visa. And even still, that should be a decision you make... Very confusing.

[NikLR 13,220]

This makes zero sense unless your medical would expire before your anniversary date.

IR1 vs CR1 is determined by POE not visa issuance.

[teama&a 3]

im starting to see now based on all of the replies i have received that i should have just taken the visa instead of following the CO suggestion. My medical was done in June and the interview was this month (July). i was warned that if i was waiting until our anniversary to move (so that I can get an IR1 instead of CR1) than i should not accept the visa and have it refused for administrative purposes to buy me time so that they may issue my visa in my passport after our anniversary date. These were the exact words that the CO used, and as such i decided i would send the passport back to Montreal once i got back home (Ontario) because my husband and I had both agreed that we would not be moving until the start of September. The CO also said that this refusal or denial was not going to impact anything and was simply for insufficient paperwork (that i was "missing" my passport on the day of my interview and hence i would have to mail it back to the embassy).

[Krissyb93 27]

Hello (:

Something very similar happened to my husband and I. At his interview he was told if he wanted to wait until our 2nd anniversary he would need an IR1 stamp. She basically gave us a bogus 221g for another medical exam and told him to submit his passport along with the new exam on or after our 2nd anniversary.

How is your case going now?

[teama&a 3]

Hi,

When I sent my passport back to the embassy, I actually sent it in too early and was issued a cr1 visa stamp (20 days shy of the two year anniversary). I chose to wait till the end of the month to enter the USA (4 days after our 2 year anniversary), the officer at the border crossing was rather rude. First she said she will stamp it as a cr1 bcus that's how it has been issued, even though I showed her my marriage certificate and clearly explained that I am eligible for ir1. I told her by the time I tied up loose ends etc and was ready to move I had passed my two year anniversary, she either didn't care or was just having a bad day at work bcus she told me that she was not able to process me as an ir1 and that I would have to do follow up paper work on my own to adjust my status. By this point I had to genuinely control my emotions as I felt myself getting angry at her snippy attitude and straight up laziness, she asked me to leave my passport with her and have a seat. That's when I put my marriage certificate on the table and told her I'd be leaving this here so she can verify the date with her supervisor for the ir1 and then I went and sat down. Eventually she called a supervisor who told her that she had to issue it as an ir1, then she called me back to the window and basically whipped my passport across the counter to me and said "u can go now". When I opened the passport I saw that she stamped it correctly with the ir1.

I think the officer at the embassy might be aware that the border cross officers don't like to change a cr1 to an ir1, so he's saving you a headache in that sense by issuing it as an ir1 to begin with. But if you do happen to get a cr1 and enter after your anniversary, you're legally eligible for the ir1 so don't let them stamp your passport with anything else. Obviously be kind and courteous and polite when showing them your marriage certificate and pointing out the dates but if you see that they're trying give you the run around then be firm and ask to speak to a supervisor. Good luck

Hi,

When I sent my passport back to the embassy, I actually sent it in too early and was issued a cr1 visa stamp (20 days shy of the two year anniversary). I chose to wait till the end of the month to enter the USA (4 days after our 2 year anniversary), the officer at the border crossing was rather rude. First she said she will stamp it as a cr1 bcus that's how it has been issued, even though I showed her my marriage certificate and clearly explained that I am eligible for ir1. I told her by the time I tied up loose ends etc and was ready to move I had passed my two year anniversary, she either didn't care or was just having a bad day at work bcus she told me that she was not able to process me as an ir1 and that I would have to do follow up paper work on my own to adjust my status. By this point I had to genuinely control my emotions as I felt myself getting angry at her snippy attitude and straight up laziness, she asked me to leave my passport with her and have a seat. That's when I put my marriage certificate on the table and told her I'd be leaving this here so she can verify the date with her supervisor for the ir1 and then I went and sat down. Eventually she called a supervisor who told her that she had to issue it as an ir1, then she called me back to the window and basically whipped my passport across the counter to me and said "u can go now". When I opened the passport I saw that she stamped it correctly with the ir1.

I think the officer at the embassy might be aware that the border cross officers don't like to change a cr1 to an ir1, so he's saving you a headache in that sense by issuing it as an ir1 to begin with. But if you do happen to get a cr1 and enter after your anniversary, you're legally eligible for the ir1 so don't let them stamp your passport with anything else. Obviously be kind and courteous and polite when showing them your marriage certificate and pointing out the dates but if you see that they're trying give you the run around then be firm and ask to speak to a supervisor. Good luck

Hi,

When I sent my passport back to the embassy, I actually sent it in too early and was issued a cr1 visa stamp (20 days shy of the two year anniversary). I chose to wait till the end of the month to enter the USA (4 days after our 2 year anniversary), the officer at the border crossing was rather rude. First she said she will stamp it as a cr1 bcus that's how it has been issued, even though I showed her my marriage certificate and clearly explained that I am eligible for ir1. I told her by the time I tied up loose ends etc and was ready to move I had passed my two year anniversary, she either didn't care or was just having a bad day at work bcus she told me that she was not able to process me as an ir1 and that I would have to do follow up paper work on my own to adjust my status. By this point I had to genuinely control my emotions as I felt myself getting angry at her snippy attitude and straight up laziness, she asked me to leave my passport with her and have a seat. That's when I put my marriage certificate on the table and told her I'd be leaving this here so she can verify the date with her supervisor for the ir1 and then I went and sat down. Eventually she called a supervisor who told her that she had to issue it as an ir1, then she called me back to the window and basically whipped my passport across the counter to me and said "u can go now". When I opened the passport I saw that she stamped it correctly with the ir1.

I think the officer at the embassy might be aware that the border cross officers don't like to change a cr1 to an ir1, so he's saving you a headache in that sense by issuing it as an ir1 to begin with. But if you do happen to get a cr1 and enter after your anniversary, you're legally eligible for the ir1 so don't let them stamp your passport with anything else. Obviously be kind and courteous and polite when showing them your marriage certificate and pointing out the dates but if you see that they're trying give you the run around then be firm and ask to speak to a supervisor. Good luck

Hi,

When I sent my passport back to the embassy, I actually sent it in too early and was issued a cr1 visa stamp (20 days shy of the two year anniversary). I chose to wait till the end of the month to enter the USA (4 days after our 2 year anniversary), the officer at the border crossing was rather rude. First she said she will stamp it as a cr1 bcus that's how it has been issued, even though I showed her my marriage certificate and clearly explained that I am eligible for ir1. I told her by the time I tied up loose ends etc and was ready to move I had passed my two year anniversary, she either didn't care or was just having a bad day at work bcus she told me that she was not able to process me as an ir1 and that I would have to do follow up paper work on my own to adjust my status. By this point I had to genuinely control my emotions as I felt myself getting angry at her snippy attitude and straight up laziness, she asked me to leave my passport with her and have a seat. That's when I put my marriage certificate on the table and told her I'd be leaving this here so she can verify the date with her supervisor for the ir1 and then I went and sat down. Eventually she called a supervisor who told her that she had to issue it as an ir1, then she called me back to the window and basically whipped my passport across the counter to me and said "u can go now". When I opened the passport I saw that she stamped it correctly with the ir1.

I think the officer at the embassy might be aware that the border cross officers don't like to change a cr1 to an ir1, so he's saving you a headache in that sense by issuing it as an ir1 to begin with. But if you do happen to get a cr1 and enter after your anniversary, you're legally eligible for the ir1 so don't let them stamp your passport with anything else. Obviously be kind and courteous and polite when showing them your marriage certificate and pointing out the dates but if you see that they're trying give you the run around then be firm and ask to speak to a supervisor. Good luck

[NikLR 13,220]

Quadruple post!

Cbp officers really know very little about immigration. Dont pay attention to them. Theyre easiest to deal with if you play dumb and let them think they're smart... like smrt smart. (That bit of info comes from my husband who works for the govt currently and was also military for 8 yrs)

[dee&vee 79]

This makes zero sense unless your medical would expire before your anniversary date.

IR1 vs CR1 is determined by POE not visa issuance.

On a semi related topic - I just got reminder from USCIS to file i-751 to remove conditions. My visa stamp was CR-1 but I had to send my 2 year green card back with i-90 to get 10 year GC since my POE was after 2 years of marriage. Now I have 10 year Green card. Do they not update their database though? Do I really need to file i-751 even though I have 10 year GC with me right now?

Hi,

When I sent my passport back to the embassy, I actually sent it in too early and was issued a cr1 visa stamp (20 days shy of the two year anniversary). I chose to wait till the end of the month to enter the USA (4 days after our 2 year anniversary), the officer at the border crossing was rather rude. First she said she will stamp it as a cr1 bcus that's how it has been issued, even though I showed her my marriage certificate and clearly explained that I am eligible for ir1. I told her by the time I tied up loose ends etc and was ready to move I had passed my two year anniversary, she either didn't care or was just having a bad day at work bcus she told me that she was not able to process me as an ir1 and that I would have to do follow up paper work on my own to adjust my status. By this point I had to genuinely control my emotions as I felt myself getting angry at her snippy attitude and straight up laziness, she asked me to leave my passport with her and have a seat. That's when I put my marriage certificate on the table and told her I'd be leaving this here so she can verify the date with her supervisor for the ir1 and then I went and sat down. Eventually she called a supervisor who told her that she had to issue it as an ir1, then she called me back to the window and basically whipped my passport across the counter to me and said "u can go now". When I opened the passport I saw that she stamped it correctly with the ir1.

I think the officer at the embassy might be aware that the border cross officers don't like to change a cr1 to an ir1, so he's saving you a headache in that sense by issuing it as an ir1 to begin with. But if you do happen to get a cr1 and enter after your anniversary, you're legally eligible for the ir1 so don't let them stamp your passport with anything else. Obviously be kind and courteous and polite when showing them your marriage certificate and pointing out the dates but if you see that they're trying give you the run around then be firm and ask to speak to a supervisor. Good luck

Did you eventually get 10 year Green card in the mail or did they still mail you 2 year conditional card?

[NikLR 13,220]

I would make an infopass and show them that you have a 10 year card correctly.