Would we fall under a new visa category?

[jurod16 0]

My wife and I have been married for just under 2 years so we are currently filing a CR-1. We had our interview the other day and they are now requesting for more documentation, some of this documentation will take some time to get, it's possible we'll end up meeting the 2 yr marriage mark, does this move us from the CR-1 category to the IR-1 category?

jurod16

[Penguin_ie 5,993]

Yes, if you are married two years when your wife's visa is issued, she should get the IR-1. Even if she is approved before the two year mark, but enters the USA after the two year mark, her visa should be converted to a IR-1 at the PoE. If that will be the case for you, best point this out to the border control officer, as they may overlook it.

Edited June 20, 2009 by Penguin_ie

[daboyz 36]

[jurod16 0]

Yes, if you are married two years when your wife's visa is issued, she should get the IR-1. Even if she is approved before the two year mark, but enters the USA after the two year mark, her visa should be converted to a IR-1 at the PoE. If that will be the case for you, best point this out to the border control officer, as they may overlook it.

Thanks!!!

[pushbrk 12,884]

Yes, if you are married two years when your wife's visa is issued, she should get the IR-1. Even if she is approved before the two year mark, but enters the USA after the two year mark, her visa should be converted to a IR-1 at the PoE. If that will be the case for you, best point this out to the border control officer, as they may overlook it.

Thanks!!!

It's a distinction without a difference but once a visa is issued as CR1, it's the status granted at entry and on the green card that becomes IR1, not the visa itself. CR1 and IR1 are categories of visa AND categories of status. You can have a CR1 visa and an IR1 status.