?? Q's- Why CR1 after 3.5 yrs? & work permit?

[minmn 0]

Hi, Please can someone shed some light on this?

Hubby just got his CR1 visa and arrived in the USA 5 days ago from the Dominican Republic.

Q.1 WHY did he get a CR1 and not an IR1?

We were married on 12/28/04. When we started the immigration paperwork we had not been married 2 years. At the time of the 1st Consulate interview in the D.R. we were married 1 yr., 11 months, 12 days. A waiver had to be submitted, as Visa was denied. The wavier was submitted 2/7/08, was processed and then approved 3 wks later. Approval of visa notice came 1 month later and the visa arrived 4/7/08.

The USCIS says you get a CR1 if spouse enters the USA with <2years marriage, on an immigrant visa.

Q-3. My husband entered the USA 2 yrs. 4 months after we were married.

Shouldn't he have an IR-1?

Q#3.

Does he have to fill out an I-485- application to register permanent residence?

Q#4- What forms does he need to fill out to legally work in the USA?

Getting a work permit..... It looks like I-765- application for Employment Authorization is asking for the I-485 FIRST. The cost for the I-485 is WAY beyond my $22,000/yr salary for our family of 3 to afford.

Is there any price reduction one can apply for?

??? Thanks

[Marilyn. 340]

he should have told the Immigration people at the POE that he needed the Ir1... not sure if anything can be done now though

no, he doesn't need to fill out an I-485- application to register permanent residence.... he doesn't need to adjust status... as soon as your husband got that I-551 stamp in his passport he became a permanent resident and he should be getting his green card in the mail any day now, it usually takes about 3 or 4 weeks..

as for work authorizations he doesn't need it for the same reason as above...

all he needs to get is his SSN, he needs to fill out a form and take it to your local SSA office.. I would wait another week or two for that though...

[minmn 0]

Hi,

Thanks for your reply. I'm confused. I do not see an I-551 stamped in his passport.

Does the green card get generated from the folks at the POE or from the consulate in the foreign consulate?

So, he can work as soon as he physically has a SS card and green card in hand???? yes?

[eau_xplain 2]

I'm not sure if I'm following this correctly. You said:

Dec 28, 2004 = marriage

Feb 07, 2008 = waiver

Apr 07, 2008 = visa approval

Apr ??, 2008 = date of entry?

The visa was approved 3yrs and almost 4 months after your marriage. Your husband should definitely have gotten an IR1 when he entered. Does he have his physical green card already? If not, then perhaps you can make an INFOPASS and ask the USCIS records to be corrected to show that he is an IR1 and not a CR1.

[pushbrk 13,118]

I'm not sure if I'm following this correctly. You said:

Dec 28, 2004 = marriage

Feb 07, 2008 = waiver

Apr 07, 2008 = visa approval

Apr ??, 2008 = date of entry?

The visa was approved 3yrs and almost 4 months after your marriage. Your husband should definitely have gotten an IR1 when he entered. Does he have his physical green card already? If not, then perhaps you can make an INFOPASS and ask the USCIS records to be corrected to show that he is an IR1 and not a CR1.

IR1 is a visa. It goes in the passport before entering the US. Yes, from my reading, the visa should have been an IR1, not a CR1. However, it may ultimately not matter in the least.

What happens with a CR1 visa when the entry occurs after the two-year anniversary is the same as what happens with an IR1, in that the green card issued is good for ten years instead of two. Once that ten year green card is in hand, the visa category is meaningless.

A CR1 visa does not EVER become an IR1 visa, but both can result in a ten year green card.

[Marilyn. 340]

Hi,

Thanks for your reply. I'm confused. I do not see an I-551 stamped in his passport.

Does the green card get generated from the folks at the POE or from the consulate in the foreign consulate?

So, he can work as soon as he physically has a SS card and green card in hand???? yes?

it should be stamped somewhere by the visa... mine says

processed for I-551 Temporary evidence of lawful admission for permanent resident valid until _____ employment authorized"...

[Marilyn. 340]

I'm not sure if I'm following this correctly. You said:

Dec 28, 2004 = marriage

Feb 07, 2008 = waiver

Apr 07, 2008 = visa approval

Apr ??, 2008 = date of entry?

The visa was approved 3yrs and almost 4 months after your marriage. Your husband should definitely have gotten an IR1 when he entered. Does he have his physical green card already? If not, then perhaps you can make an INFOPASS and ask the USCIS records to be corrected to show that he is an IR1 and not a CR1.

IR1 is a visa. It goes in the passport before entering the US. Yes, from my reading, the visa should have been an IR1, not a CR1. However, it may ultimately not matter in the least.

What happens with a CR1 visa when the entry occurs after the two-year anniversary is the same as what happens with an IR1, in that the green card issued is good for ten years instead of two. Once that ten year green card is in hand, the visa category is meaningless.

A CR1 visa does not EVER become an IR1 visa, but both can result in a ten year green card.

Ah yes but you are forgetting that lifting conditions in two years costs about $600 and requires more paperwork and also ultimately approval. they should make the infopass appt and try to get it straightened out.

BTW, if you checked the box on the DS-230 you do NOT have to got to the SS office, the card will come automatically on about two weeks for a CR-1.

this is not necessarily true.. I checked the box and mine never came...

Hi,

Thanks for your reply. I'm confused. I do not see an I-551 stamped in his passport.

Does the green card get generated from the folks at the POE or from the consulate in the foreign consulate?

So, he can work as soon as he physically has a SS card and green card in hand???? yes?

it should be stamped somewhere by the visa... mine says

processed for I-551 Temporary evidence of lawful admission for permanent resident valid until _____ employment authorized"...

I don't think the I-551 is stamped on CR-1 and IR1 visas. I am about 90% sure my wife's does not have this.

I had a CR-1 visa and mine was stamped... the stamp was good for 1 year... that stamp acts as a green card until you get the actual green card...

I'm not sure if I'm following this correctly. You said:

Dec 28, 2004 = marriage

Feb 07, 2008 = waiver

Apr 07, 2008 = visa approval

Apr ??, 2008 = date of entry?

The visa was approved 3yrs and almost 4 months after your marriage. Your husband should definitely have gotten an IR1 when he entered. Does he have his physical green card already? If not, then perhaps you can make an INFOPASS and ask the USCIS records to be corrected to show that he is an IR1 and not a CR1.

IR1 is a visa. It goes in the passport before entering the US. Yes, from my reading, the visa should have been an IR1, not a CR1. However, it may ultimately not matter in the least.

What happens with a CR1 visa when the entry occurs after the two-year anniversary is the same as what happens with an IR1, in that the green card issued is good for ten years instead of two. Once that ten year green card is in hand, the visa category is meaningless.

A CR1 visa does not EVER become an IR1 visa, but both can result in a ten year green card.

i am pretty sure you need to tell the immigration person at the POE that at the time of entry you have been married for over 2 years....

Edited May 9, 2008 by MarilynP

[Marilyn. 340]

Marilyn,

It is highly unusual not to get the SS card if you check the box. Yes, it has happened to ONE person on our forum, but most everyone else has gotten theirs.

Secondly, the POE is NOT the place to get an IR-1 visa. When you have your CR-1 appt, if you have been married over two years they are supposed to give you an IR-1. It pays to remind them however.

Most times if you are even close to two years, if you let them know, they will give you the IR-1. It's up to the Consul. We have verified this with Chief Consul William Bent. He is on our website and answers submitted questions every week.

umm, on this forum it is more then just one person who has not got their SSN even if they checked the box ....

and secondly if in between the time you have the interview and the time you get to the POE you have your second anniversary you should tell the immigration person at the POE so you can be processed for a 10 year card....

Edited May 9, 2008 by MarilynP