Who makes the decision on IR1 or CR1?

[lucas_34 4]

Hello everyone - who makes the decision and when (during interview process or during actual arrival to the USA) to be granted IR1 or CR1 status as a lawful permanent resident in the United States based on being married to a U.S. Citizen? I read different things in different places and this is a grey area to me. We are shy by a month or max two months with my spouse to celebrate our second wedding anniversary and I want to make sure that if immigrant visa is received in the passport it is up to the CBP officer to assign either IR or CR status. If so, immigrant visa is valid for 6 months, so maybe it'd be better to wait that month or two in a foreign country and arrive after the 2 yr wedding anniversary in order to avoid conditional status and further applying to remove conditions and high fee of more than $500. Any thoughts would be appreciated. Thanks in advance!

[LotofPatience 65]

Hello everyone - who makes the decision and when (during interview process or during actual arrival to the USA) to be granted IR1 or CR1 status as a lawful permanent resident in the United States based on being married to a U.S. Citizen? I read different things in different places and this is a grey area to me. We are shy by a month or max two months with my spouse to celebrate our second wedding anniversary and I want to make sure that if immigrant visa is received in the passport it is up to the CBP officer to assign either IR or CR status. If so, immigrant visa is valid for 6 months, so maybe it'd be better to wait that month or two in a foreign country and arrive after the 2 yr wedding anniversary in order to avoid conditional status and further applying to remove conditions and high fee of more than $500. Any thoughts would be appreciated. Thanks in advance!

The 2 year period is between marriage date and POE date. Your passport will be stamped as CR1 visa if the marriage was less than 2 years at the time of interview. If you keep quiet at POE, most probably they will send you CR1 GC. So, take your marriage certificate (if not English, translate it into English) and show the officer at POE and request to issue IR1 GC.

Loto

[inloveVEN 46]

Hi

it is based on how long have you been married by the time they approve your green card or when they stamp your passport at POE. if at this time you show more than 2 years they will give you IR-1 less than 2 years they give Conditional Green Card, that needs to be removed 90 days before the expiration date.

According to other VJ´s, they have stated that they received a CR1 after 2 years, probably based on poor evidences. But what is in the law is: 2years married as a break point between cr-1 or IR1

[lucas_34 4]

Thanks for your reply. Therefore, I can get CR1 in my immigrant visa in my passport at the time of the interview (if marriage < 2 yrs at that time), but if I wait outside the USA enough time (given it's not pass immigrant visa validity time) that would not allow to travel to the US and enter the POE after the 2 yr wedding anniversary, having a certificate of marriage and its English translation as a proof, I can request to have that CR1 changed to IR1 at the POE and they must/should comply with my request, correct?

[LotofPatience 65]

Thanks for your reply. Therefore, I can get CR1 in my immigrant visa in my passport at the time of the interview (if marriage < 2 yrs at that time), but if I wait outside the USA enough time (given it's not pass immigrant visa validity time) that would not allow to travel to the US and enter the POE after the 2 yr wedding anniversary, having a certificate of marriage and its English translation as a proof, I can request to have that CR1 changed to IR1 at the POE and they must/should comply with my request, correct?

That's correct. You need to provide the proof (marriage certificate) to the POE officer and request for IR1. If you don't do it, they may or may not update the system properly and may or may not end up with CR1 plastic card. Then it will be another pain to contact USCIS to change it.

Be proactive than reactive!

Loto

[tokyo.lovers 6]

i don't know how that works....

if your visa was a conditional one, can you just change it without trouble before entering at the embassy or something?

[OBX 51]

That's correct. You need to provide the proof (marriage certificate) to the POE officer and request for IR1. If you don't do it, they may or may not update the system properly and may or may not end up with CR1 plastic card. Then it will be another pain to contact USCIS to change it.

Be proactive than reactive!

Loto