I-R1 and CR-1

[NeeSee and Fouad 0]

Can someone please explain to me the i-130, the i-r1 and the cr-1

my husband and i were married in march 2006 i have not started the process yet do to mass confussion of the paperwork. I need help!!!!

Love to hear from someone soon thanks in advance

NeeSee

[simple_male 1]

Can someone please explain to me the i-130, the i-r1 and the cr-1

my husband and i were married in march 2006 i have not started the process yet do to mass confussion of the paperwork. I need help!!!!

Love to hear from someone soon thanks in advance

NeeSee

If you apply now, your process will be CR-1 which are applicable to the couple whose marriage is less than 2 years old. IR-1 is the process where the marriage is over two years' old. Please read the IR-1/CR-1 forum first, read I-130 form and instructions, G-325A form, then ask questions.

[Cygnet 0]

Briefly...

IR-1 is for couples married 2 years or longer.

CR-1 are for those married less than 2 years (you'd fall under this category). It's conditional so you'll have to apply to lift conditions 90 days before the 2nd year anniversary of your entry into the US.

I-130 is the first thing the USC sends in. It's his/her petition to sponsor the spouse.

[ijeme 0]

Briefly...

IR-1 is for couples married 2 years or longer.

CR-1 are for those married less than 2 years (you'd fall under this category). It's conditional so you'll have to apply to lift conditions 90 days before the 2nd year anniversary of your entry into the US.

I-130 is the first thing the USC sends in. It's his/her petition to sponsor the spouse.

Are there any issues if your cr1 visa interview is scheduled after your 2nd yr anniversary ... due to long processing.

[aussiewench 9]

Are there any issues if your cr1 visa interview is scheduled after your 2nd yr anniversary ... due to long processing.

No issues. You will obtain an IR-1 and gain immigrant status on entry without conditions, if you have been married 2 years or more.

[ijeme 0]

Are there any issues if your cr1 visa interview is scheduled after your 2nd yr anniversary ... due to long processing.

No issues. You will obtain an IR-1 and gain immigrant status on entry without conditions, if you have been married 2 years or more.

So this is automatic and there is nothing that I have to do to switch the case type from Cr1 to Ir1?

[aussiewench 9]

Are there any issues if your cr1 visa interview is scheduled after your 2nd yr anniversary ... due to long processing.

No issues. You will obtain an IR-1 and gain immigrant status on entry without conditions, if you have been married 2 years or more.

So this is automatic and there is nothing that I have to do to switch the case type from Cr1 to Ir1?

For the interview the correct visa will be issued depending on how long the marriage is at the time. If you are married less then 2 years at time of visa issuance you will be granted a CR-1 visa. If on entry with the CR-1 you have then been married 2 years or more, you will be granted immigrant status without conditions and be issued a 10 year green card. You do however often have to bring this to the officers attention on entry so the correct immigrant status will be granted.

[ijeme 0]

Thanks that answers it all for me!

[Yodrak 7]

simple_male,

Point of clarification - there is 1 'process', not 2. Whether the immigration process results in a CR-1 designation or an IR-1 designation is a matter of point in time, not a matter of process.

Yodrak

If you apply now, your process will be CR-1 which are applicable to the couple whose marriage is less than 2 years old. IR-1 is the process where the marriage is over two years' old. ....

Edited August 30, 2006 by Yodrak

[RKhalid 0]

Hi neesee

My husband and i did all the I-130 paper work together, the I-130 is the petition for alien relative/spouse, and it is the first thing you have to do in your process...so you need to file for I-130 with the service center , we filed our I-130 with the California service center...and it took 6 months to be approved.

We had to provide a copy of our marriage certificate, and i forget what else, but it wasn't much...and it is not very complicated, and if you have questions, the USCIS are good about answering them by phone or via email...im so happy for you that you are married, and taking the first steps towards citizenship

Just be patient, and relax, it is a long road you are traveling down, and sometimes so incredibly annoying and frustrating, not to mention confusing...

You know, there are some lawyers that are free...when my husband and I were doing his affidivat of support we got free services from a lawyer in st. louis...he really helped alot and our affidivat was processed and found correct by the NVC...and now we have our interview date on 2 jan.

Ok, so what i would suggest you to do is download the I-130 from the USCIS website, and just get the proper docs required for that and mail it to the appropriate service center, along with a check i think it cost like 185$...anyway, then they are gonna send you a reciept and notice of action that will have your USCIS number on there, which you can track your case on their website with that number.

Processing times for I-130 can be anywhere from like three months to more than a year, according to the processing times that were given to us when we filed, however it only took us 6 months...which was great.

Another thing, after you file I-130, you can then file for I-129F(a K3 visa), but not until you recieve your receipt notice of action from the USCIS for the I-130, because you will have to send that in with your I-129F petition...

I'll tell you this though, my husband and i also went for the I-129f, and it was approved in just 4 or 5 months time i think, well then the I-130 approved like one month after that, so we were then unable to go for I-129F , so it ended up being a waste of money and time..(I-129F costs 164$)..also, to anyone who doesn't know this ( my husband and i didn't know this) if you apply for I-129F , your interview has to be in the country where you were married. There is a big horror story for us about that...anyway...

Yeah, just go to the USCIS website, and apply for your I-130 petition right away, the longer you delay you're gonna regret.

Ok, i pray for your success, and really it's not that complicated to do the petitions, they are very straight forward.

[bradyvicky 0]

[internetkafe 0]

Hi Aussiewench,

I clearly remember reading a post here on visajourney some time ago. One AOS applicant was issued a 10 year green card although the couple were married for less than 2 years. I think the immigration officers have some discretionary power over this issue.

What do you say?

Are there any issues if your cr1 visa interview is scheduled after your 2nd yr anniversary ... due to long processing.

No issues. You will obtain an IR-1 and gain immigrant status on entry without conditions, if you have been married 2 years or more.

So this is automatic and there is nothing that I have to do to switch the case type from Cr1 to Ir1?

For the interview the correct visa will be issued depending on how long the marriage is at the time. If you are married less then 2 years at time of visa issuance you will be granted a CR-1 visa. If on entry with the CR-1 you have then been married 2 years or more, you will be granted immigrant status without conditions and be issued a 10 year green card. You do however often have to bring this to the officers attention on entry so the correct immigrant status will be granted.

[Yodrak 7]

internetkafe,

Immigration officers do not have discretionary power to change the law.

Immigration officers can make mistakes. So can USCIS workers who are not immigration officers.

Yodrak

Hi Aussiewench,

I clearly remember reading a post here on visajourney some time ago. One AOS applicant was issued a 10 year green card although the couple were married for less than 2 years. I think the immigration officers have some discretionary power over this issue.

What do you say?

For the interview the correct visa will be issued depending on how long the marriage is at the time. If you are married less then 2 years at time of visa issuance you will be granted a CR-1 visa. If on entry with the CR-1 you have then been married 2 years or more, you will be granted immigrant status without conditions and be issued a 10 year green card. You do however often have to bring this to the officers attention on entry so the correct immigrant status will be granted.

[bsuboyus 0]

Can someone please explain to me the i-130, the i-r1 and the cr-1

my husband and i were married in march 2006 i have not started the process yet do to mass confussion of the paperwork. I need help!!!!

Love to hear from someone soon thanks in advance

NeeSee

Dear Ms. XXX

When you file a petition for your spouse it depends on how long you have been married and based on that you are given a visa. IR-1 mean immediate relative and CR-1 means conditional residence. Now you spouse is your immediate relative but since you have been married less then 2 years so you will be getting the VISA IR-1/CR-1 that mean for an immediate relative but with conditions. After your application process is over and your spouse gets his green card then 90 days before your spouses 2 anniversary in US both of you need to file I-751 once you file that then your spouse will be able to get a 10 year green card and after 3 years of your marriage you would also be eligible to file for his citizenship.

Please feel free to contact me if you need more help