Difference between IR-1 and CR-1

[BellaRose 7]

I started this process in November 2008 when we were just married (my husband is out of country). After denying the K3 at interview and we went through the re-affirmation process with the I-130...we are currently at the NVC as of September 2010 suposedly pursuing the CR-1 conditional visa. We have recently reached our two years of marriage mark in October. Does our case automatically start pursuing the IR-1 visa....or does he need to get the CR-1, come back to the states, live here two years and then lift conditions? Confused

[Harsh_77 718]

You dont go for IR1 - IR1 would be immidiate relative, so your spouse should be able to get PR which is 10 yr card and not the 2 yr. This would be done when he enters the country at POE, officer would ask him how long you have been married.

[LotofPatience 65]

You dont go for IR1 - IR1 would be immidiate relative, so your spouse should be able to get PR which is 10 yr card and not the 2 yr. This would be done when he enters the country at POE, officer would ask him how long you have been married.

Correct.

You are eligible for IR1 at POE. I have seen for few people though ending up with CR1, but it is POE officer/USCIS error.

Here are some steps to follow to be safe:

1) First mention it at the Consulate during the interview time (CO will do it, but just in case)

2) Mention it at POE too (POE officer will do it, but just in case)

3) You'll most probably end up with IR1 plastic card after POE. If not, file I-90 with the USCIS with a fee waiver because it is USCIS error.

Loto

[BellaRose 7]

Thank you for the quick responses. I will make sure I mention that throughout the process. I am relieved because this will save us a headache for lifting conditions. Thanks again.

[pushbrk 12,883]

You dont go for IR1 - IR1 would be immidiate relative, so your spouse should be able to get PR which is 10 yr card and not the 2 yr. This would be done when he enters the country at POE, officer would ask him how long you have been married.

Actually, the immigrant visa the OP's spouse would be eligible is the IR1 visa. A spouse is an immediate relative and the 1 in IR1 denotes spouse of US Citizen. If a visa is issued, it will be the IR1. The resulting status upon entry would also be IR1. You'll IR1 on the green card.