CR1 and or IR1

[ghanagal 2]

Can someone please tell me how this works? When I initially applied for my husbands visa I applied for a CR1 visa but now we have been married well over two years. So when he goes to the interview, which I assume he is getting approved this time after being denied the first time, (wishful thinking) will they automatically know that he should get an IR1 visa ? or is this something we have to specify to the embassy? Thanks in advance.

[LotofPatience 65]

Can someone please tell me how this works? When I initially applied for my husbands visa I applied for a CR1 visa but now we have been married well over two years. So when he goes to the interview, which I assume he is getting approved this time after being denied the first time, (wishful thinking) will they automatically know that he should get an IR1 visa ? or is this something we have to specify to the embassy? Thanks in advance.

If marriage is well over 2 years at interview, it is likely to get IR1 visa. Just mention it at interview time, it wouldn't hurt.

At POE, also mention the same.

Even all these, one guy still got CR1 plastic card. If that happens, file I-90 with the USCIS with an infopass appointment. Since it is USCIS error, they should waive the fee.

Loto

[Anh map 2,098]

If you have been married for at least 2 years on the date that you enter the US using your visa you will get the unconditional (10 year) green card.

[ghanagal 2]

ok thanks

[pushbrk 13,244]

Can someone please tell me how this works? When I initially applied for my husbands visa I applied for a CR1 visa but now we have been married well over two years. So when he goes to the interview, which I assume he is getting approved this time after being denied the first time, (wishful thinking) will they automatically know that he should get an IR1 visa ? or is this something we have to specify to the embassy? Thanks in advance.

You did not "apply for your husband's visa". "YOU" filed a petition for immediate relative (spouse). Your husband will apply for a visa using a DS230 form. Nowhere on that form will CR1 or IR1 be mentioned. He'll be applying for an immigrant visa as the spouse of a US Citizen and the Consulate will simply issue the appropriate visa, which in this case, is the IR1.

Lots of confusion happens when we call petitions visa applications. I wish people would cease doing so.

[pushbrk 13,244]

If you have been married for at least 2 years on the date that you enter the US using your visa you will get the unconditional (10 year) green card.

The visa will be what is issued at the Consulate. The green card he will be entitled to is the unconditional one. It is possible for one to enter using a CR1 visa and gain IR1 status. That doesn't apply in this case but let's not confuse the visa category with the eventual residence category. They CAN be different. A visa is a visa. A status is a status.

For example, the visa interview and issue could be a few days, weeks or months BEFORE the two-year marriage anniversary, resulting in a CR1 visa being issued. The visa holder could then wait until after the anniversary to enter the USA. The visa doesn't change but the status granted upon entry will be different than the visa category printed on the visa.

Edited November 7, 2010 by pushbrk