CR-1 or IR-1 ?

[LebaneseMama 1]

Ok here's my situation ....

If you look on my timeline you will see that we have been married more than two years. However, at the time of filing the 1-130 we were only married for three months. I thought since it has been more than two years we would be getting the IR-1.

Well his packet 4 arrived yesterday and it said Type of Visa : CR-1.

Will they change it to IR-1 at the interview when they see we have been married more than two years ?

Also another question : if we are getting the CR-1 what are the conditions and what do we needs to do ? ( I have no clue)

Thanks,

Massouna

[sassasdave 0]

Not sure about whether you will get Cr1 or IR1 but if it is CR1 you will have to remove conditional status when you get to America.

[zyggy 9]

Not sure about whether you will get Cr1 or IR1 but if it is CR1 you will have to remove conditional status when you get to America.

If you are married for more than two years it should be an IR-1 visa.. ask the Consular Officer if the visa will be issued as an IR-1 since you have been married for more than 2 years...

You also can tell the CBP officer to list your status as an IR-1 because you have been married for more than 2 years at the POE when you enter the US on a CR-1.

[Fischkoepfin 1]

Your husband should get IR-1 and he should mention that at the interview, or even better contact the consulate beforehand.

You don't have to remove conditions on IR-1 and you get a "normal" greencard (10 years)

[lucyrich 20]

It makes absolutely no difference which type of visa he gets.

They won't determine the visa type until the date of the interview. At that time, they'll check the calendar to decide how long you've been married, and if it's been more than two years, it'll be IR-1, otherwise CR-1.

But that doesn't matter.

At the time of entry into the United States, he'll get lawful permanent resident status. Regardless of the visa type, if the marriage is more than two years old at the time of entry into the United States, his status will be unconditional and he'll have no need to remove conditions. If the marriage is less than two years old at the time of entry into the United States, he'll have conditional status and have to go through the removal of conditions process.

It's possible to get a CR-1 visa, then have the second wedding anniversary, and then enter the US and get unconditional permanent resident status.

The IR-1 and CR-1 visas are identical in every respect except the two-year wedding anniversary aspect, so some of the paperwork doesn't distinguish between the types. If it looks like the embassy is making a mistake, don't worry, but politely point it out to them at the interview. Because the visa types are so similar, this sort of clerical error is easy to correct if it is made.

At the port of entry, be sure they are aware of the marriage date and give him the correct status. That's the time when it really does have some importance.