CR1 to IR1 upon Entry into USA

[pushbrk 12,892]

Hi, all. now my question is? is this for couple who physically lived together for two years or can this also be possible for a couple who lived separately, like for example one spouse who is the US Citizen living in the US and one living abroad who is immigrating here with CR-1 visa?

Just what "this" are you referring to? The key is how long the couple has been married at the time actual LPR status is granted. For visa cases, the status is granted upon US entry. For adjustment of status cases the status is granted at or shortly following the interview date.

[pushbrk 12,892]

Hi, all. now my question is? is this for couple who physically lived together for two years or can this also be possible for a couple who lived separately, like for example one spouse who is the US Citizen living in the US and one living abroad who is immigrating here with CR-1 visa?

Just what "this" are you referring to? The key is how long the couple has been married at the time actual LPR status is granted. For visa cases, the status is granted upon US entry. For adjustment of status cases the status is granted at or shortly following the interview date.

[Poloydim 0]

hi Poloydim:

this is for people who is living in the United States that have a CR1 greencard that need to change to a IR1 greencard. A person who hold a CR1 greencard can file together with his/ her spouse or can file as single petitioner (if they are not together anymore) under certain circumstances. for further details on that you need to consult a specialized immigration lawyer.

Thanks for all your reply, I'd just want to make sure that I covered all the basis, because I had read in one of the forums that His wife was still stamped CR1 by the POE even though she had told the POE that she had been married for more than 2 years. if i could remember it right from his forum that the POE simply said "you had not been living together in that 2 years of marriage" something like that. that's why I asked the question if the IR1 is for the couple who lived together or not..

hi Poloydim:

this is for people who is living in the United States that have a CR1 greencard that need to change to a IR1 greencard. A person who hold a CR1 greencard can file together with his/ her spouse or can file as single petitioner (if they are not together anymore) under certain circumstances. for further details on that you need to consult a specialized immigration lawyer.

Thanks for all your reply, I'd just want to make sure that I covered all the basis, because I had read in one of the forums that His wife was still stamped CR1 by the POE even though she had told the POE that she had been married for more than 2 years. if i could remember it right from his forum that the POE simply said "you had not been living together in that 2 years of marriage" something like that. that's why I asked the question if the IR1 is for the couple who lived together or not..

hi Poloydim:

this is for people who is living in the United States that have a CR1 greencard that need to change to a IR1 greencard. A person who hold a CR1 greencard can file together with his/ her spouse or can file as single petitioner (if they are not together anymore) under certain circumstances. for further details on that you need to consult a specialized immigration lawyer.

Thanks for all your reply, I'd just want to make sure that I covered all the basis, because I had read in one of the forums that His wife was still stamped CR1 by the POE even though she had told the POE that she had been married for more than 2 years. if i could remember it right from his forum that the POE simply said "you had not been living together in that 2 years of marriage" something like that. that's why I asked the question if the IR1 is for the couple who lived together or not..

[pushbrk 12,892]

You're hearing, reading and/or understanding a lot of convoluted mumbo jumbo. What is the actual set of circumstances of the case in question and what is your actual question?

[Poloydim 0]

You're hearing, reading and/or understanding a lot of convoluted mumbo jumbo. What is the actual set of circumstances of the case in question and what is your actual question?

Thank you for pointing it out.heheheh I made the same conclusion about my self..hehehe I'm just excited to have my wife finally come over here in the US. My head is running around thinking too much...heheehe.Anyway, Here is my scenario, my wife passed her medical exam on April 28 and also passed her visa interview on May 4 for CR-1.. we were planning to have her come here in July so that she can have more than enough time to sort out her things, but when I read something in this forum that she can have a chance to have her CR-1 change into IR-1 at the POE after our 2nd Anniversary which would be just one month away (august). why not just wait couple more weeks so that she can upgrade to IR-1 which is far more better than being a conditional CR-1 Visa. So what do you think? any comments would be greatly appreciated and many Thanks....

[lisa0932 0]

Thank you for pointing it out.heheheh I made the same conclusion about my self..hehehe I'm just excited to have my wife finally come over here in the US. My head is running around thinking too much...heheehe.Anyway, Here is my scenario, my wife passed her medical exam on April 28 and also passed her visa interview on May 4 for CR-1.. we were planning to have her come here in July so that she can have more than enough time to sort out her things, but when I read something in this forum that she can have a chance to have her CR-1 change into IR-1 at the POE after our 2nd Anniversary which would be just one month away (august). why not just wait couple more weeks so that she can upgrade to IR-1 which is far more better than being a conditional CR-1 Visa. So what do you think? any comments would be greatly appreciated and many Thanks....

Hey poloydim. i think your wife should wait until august for your 2nd year anniversary to enter the United States because it will be less with a lot of paper works to have your cr1 change to ir1.

Edited May 6, 2011 by lisa0932

[pushbrk 12,892]

Thank you for pointing it out.heheheh I made the same conclusion about my self..hehehe I'm just excited to have my wife finally come over here in the US. My head is running around thinking too much...heheehe.Anyway, Here is my scenario, my wife passed her medical exam on April 28 and also passed her visa interview on May 4 for CR-1.. we were planning to have her come here in July so that she can have more than enough time to sort out her things, but when I read something in this forum that she can have a chance to have her CR-1 change into IR-1 at the POE after our 2nd Anniversary which would be just one month away (august). why not just wait couple more weeks so that she can upgrade to IR-1 which is far more better than being a conditional CR-1 Visa. So what do you think? any comments would be greatly appreciated and many Thanks....

If she arrives after your second wedding anniversary, she'll get IR1 status and a ten year green card, avoiding removal of conditions. Whether it's worth it or not is a judgment call for you to make but if it were me, I'd have her arrive the day after the second anniversary.

[Poloydim 0]

If she arrives after your second wedding anniversary, she'll get IR1 status and a ten year green card, avoiding removal of conditions. Whether it's worth it or not is a judgment call for you to make but if it were me, I'd have her arrive the day after the second anniversary.

thank you all for your replies, I greatly appreciate it... I am very much considering this option, but I can't help to wonder of what do the POE check when we go to this route, do they check everything thing and scrutinize every detail from names to address, marriage certificate, to affidavit of Support so on and so fort, because if the POE do that, that would take up to many hours and might miss her connecting flight if she ever will have one. I guess I have to put his in consideration when I'm going to book her flight..... sorry my head is thinking too much again.heheheheh:bonk:

[OBX 51]

POE will take time whether you are adjusting the CR1 to IR1 or not. I POEd via a land crossing and it took me and hour and a half for the agent to process my papers. Times at airports will vary but it is wise to account for POE processing times when booking flights. You definitely want to leave enough time for connecting flights. Good luck!

[pushbrk 12,892]

thank you all for your replies, I greatly appreciate it... I am very much considering this option, but I can't help to wonder of what do the POE check when we go to this route, do they check everything thing and scrutinize every detail from names to address, marriage certificate, to affidavit of Support so on and so fort, because if the POE do that, that would take up to many hours and might miss her connecting flight if she ever will have one. I guess I have to put his in consideration when I'm going to book her flight..... sorry my head is thinking too much again.heheheheh:bonk:

Best to arrange any connections at POE with at least 3 hours available. 4 would be better. She just needs to let them, know the second wedding anniversary is passed, in case they don't notice. There's a possibility the wrong green card will come but you can get it corrected.

[payxibka 10,045]

Correct! Your wife should be receiving a 10-year green card, as she arrived at POE on an IR-1 visa and not a CR1 visa. There is no adjusting of status anymore. Next, would be naturalization in ~3 years.

BTW, my wife is from Baguio, too!

For a IR/CR visa holder there is no adjusting of status EVER.

[Poloydim 0]

Thank you all for all your replies...I'm off to searching for her plane ticket...

[Poloydim 0]

Thank you all for your replies it was all right on the target. My wife arrived safely. She arrived here two days after our second anniversary. she was stamped with an IR-1 on her passport and wasn't interviewed that long. it took just around couple of mins. but here come a new problem. a week after her arrival, we received a letter from the USCIS that they had received the Petition and then another letter that say "Welcome to the United States" and couple of days after that we received another welcome letter with a different date on it. She also received her green card that is still indicated with a CR-1 status with an expiration of 2 years on it. anybody experience the same issue that we are having?what is the best way to solve this problem? thank you for all your help...

Edited September 10, 2011 by Poloydim

[pushbrk 12,892]

Thank you all for your replies it was all right on the target. My wife arrived safely. She arrived here two days after our second anniversary. she was stamped with an IR-1 on her passport and wasn't interviewed that long. it took just around couple of mins. but here come a new problem. a week after her arrival, we received a letter from the USCIS that they had received the Petition and then another letter that say "Welcome to the United States" and couple of days after that we received another welcome letter with a different date on it. She also received her green card that is still indicated with a CR-1 status with an expiration of 2 years on it. anybody experience the same issue that we are having?what is the best way to solve this problem? thank you for all your help...

File the I-90 but pay no fee. Indicate this is a USCIS mistake. Provide documentation of the marriage date and US entry date (passport stamp) and ask them to replace the card with the correct one.

[Poloydim 0]

File the I-90 but pay no fee. Indicate this is a USCIS mistake. Provide documentation of the marriage date and US entry date (passport stamp) and ask them to replace the card with the correct one.

Thank you for your reply. I had sent the I-90 on the beginning of Oct and I'd received the letter that they received the i-90 with the fee waived. last week. so we are moving on the right track. thank you everybody... but can anybody give an approx date on when will the correct green card will arrive though? thanks..

Poloydim