IR1 VS CR1

[Kovil 0]

Hi,

My I 130 was approved and so we decided to go through with it. In the meantime I have netered the country in K3 Visa. I have just sent in the DS230 and I864 (my spouse sent it). I was wondering in the cover letter with the barcode it said the application was for IR1. As I understand IR1 is for people who have been married for over 2 year and we have not even reached one year. Do you think it is a mistake on part of NVC and they will correct it at the interview??

Thanks

Kovil

[lucyrich 20]

The IR-1 and CR-1 visas are identical in all respects, except that the CR-1 is issued to people who have been married less than two years on the date of issuance, while the IR-1 is issued to those who have been married more than two years on the date of issuance.

My guess is that it's just a clerical/procedural thing, and perhaps not even an error. There's not much point in them even checking the dates and making a distinction between the visa types until it's time to issue the visa. You might want to mention it at the interview, however. If it's an error, it should be a very easy one to correct.

Note that the two visa types are so completely identical that it is possible to come in on a CR-1 visa and still get unconditional lawful permanent resident status, the same as one would get with an IR-1 visa. In order for this to happen, one would have to be issued the CR-1 visa before the second wedding anniversary, wait awhile, and enter the US after the second wedding annversary. The conditional versus unconditional status decision is triggered not based on the visa type, but instead based on whether the marriage is two years old as of the date of being granted LPR status.

[scy 0]

The IR-1 and CR-1 visas are identical in all respects, except that the CR-1 is issued to people who have been married less than two years on the date of issuance, while the IR-1 is issued to those who have been married more than two years on the date of issuance.

My guess is that it's just a clerical/procedural thing, and perhaps not even an error. There's not much point in them even checking the dates and making a distinction between the visa types until it's time to issue the visa. You might want to mention it at the interview, however. If it's an error, it should be a very easy one to correct.

Note that the two visa types are so completely identical that it is possible to come in on a CR-1 visa and still get unconditional lawful permanent resident status, the same as one would get with an IR-1 visa. In order for this to happen, one would have to be issued the CR-1 visa before the second wedding anniversary, wait awhile, and enter the US after the second wedding annversary. The conditional versus unconditional status decision is triggered not based on the visa type, but instead based on whether the marriage is two years old as of the date of being granted LPR status.

Actually, conditional LPR status is granted when the marriage is less than two years old when the beneficiary uses the IR-1/CR-1 visa, not the date it was issued. If the beneficiary obtained the visa at 1 year 11 months after marriage, and used it to enter the US at 2 years 1 month after marriage, then the beneficiary is a legal permanent resident, without any conditions.

LPR status is granted on an IR-1/CR-1 visa when it is used, not when it is issued.

http://uscis.gov/graphics/howdoi/RemCond.HTM

Edited February 6, 2006 by scy

[Yodrak 7]

scy,

Which is precisely what lucyrich wrote.

Yodrak

The IR-1 and CR-1 visas are identical in all respects, except that the CR-1 is issued to people who have been married less than two years on the date of issuance, while the IR-1 is issued to those who have been married more than two years on the date of issuance.

My guess is that it's just a clerical/procedural thing, and perhaps not even an error. There's not much point in them even checking the dates and making a distinction between the visa types until it's time to issue the visa. You might want to mention it at the interview, however. If it's an error, it should be a very easy one to correct.

Note that the two visa types are so completely identical that it is possible to come in on a CR-1 visa and still get unconditional lawful permanent resident status, the same as one would get with an IR-1 visa. In order for this to happen, one would have to be issued the CR-1 visa before the second wedding anniversary, wait awhile, and enter the US after the second wedding annversary. The conditional versus unconditional status decision is triggered not based on the visa type, but instead based on whether the marriage is two years old as of the date of being granted LPR status.

Actually, conditional LPR status is granted when the marriage is less than two years old when the beneficiary uses the IR-1/CR-1 visa, not the date it was issued. If the beneficiary obtained the visa at 1 year 11 months after marriage, and used it to enter the US at 2 years 1 month after marriage, then the beneficiary is a legal permanent resident, without any conditions.

LPR status is granted on an IR-1/CR-1 visa when it is used, not when it is issued.

http://uscis.gov/graphics/howdoi/RemCond.HTM

[Kovil 0]

Hi All,

thanks for the explanation

Kovil

[Monte12 0]

Hello everyone, I need help, my wife got the CR-1 visa on 02/01/06 at the U.S embassy, the officer told me once we reach 2 years married I need to change the CR-1 to IR-1 what kind of forms I need to do that ?

Thank you

[lucyrich 20]

Hello everyone, I need help, my wife got the CR-1 visa on 02/01/06 at the U.S embassy, the officer told me once we reach 2 years married I need to change the CR-1 to IR-1 what kind of forms I need to do that ?

I believe you misunderstood, or else the officer misinformed you.

First, your wife needs to use the visa to enter the US before the visa expires (it probably expires six months after it was issued).

When she enters the US, she will receive Lawful Permanent Resident (LPR) status. If she enters the US before your two-year wedding anniversary, that LPR status will be "conditional". Most people who receive CR-1 visas enter before their two-year wedding anniversary and receive conditional status.

If she's one of those rare people who received a CR-1 visa but entered after her two year wedding anniversary, she'll receive unconditional LPR status, and she's done.

If she enters before her two-year wedding anniversary and receives conditional LPR status, her green card will expire two years from the date she first got conditional LPR status (expires two years after the date she entered the US). She will have to apply for "removal of conditions" during the 90 day window that ends on the expiration date of her green card. Note that the wedding anniversary does NOT play a part in determining when she must remove conditions; but rather, she must remove conditions during the 90 days prior to the two year anniversary of gaining conditional LPR status. The use of the term "anniversary" sometimes causes confusion on this point, but in this context, it's the anniversary of gaining status, not the wedding anniversary.

To apply to remove conditions, she'll need to file an I-751. There's a "removal of conditions" forum here on visajourney to handle further questions on this topic.

[Monte12 0]

Thank you Lucyrich.