I-130 Petition / Spousal Visa

[BellaD 0]

Hi again! I am preparing an I-130 petition for my husband. Having already been married 5 months, I have a question: I understand that being married less than 2 years results in the issuance of a CR-1 and our having to go through the process of removing these conditions later on. However, will a CR-1/PR-1 be determined at the time of the consular interview or upon the day of his arrival into the US? (I have read conflicting information on this).

If it is determined at the port of entry, then I am wondering if it is not worth our waiting another 5-6 months before filing the I-130. Since the process seems to take a good 10 months from petition to interview, by delaying the filing my husband should be able to travel within the validity of his visa - after our 2nd wedding anniversary - receiving a PR-1 upon arrival and allowing us to save the $700 "removal of conditions" filing fee for our next summer trip!!

[caly 48]

From what I have read, it's determined at Point of Entry(POE) to the USA. People have successfully obtained the 10 year green card(IR-1) after pointing out that they have been married for more than 2 years when they enter the US. (Make sure your husband points it out and that they take note of it.)

I've also read that if you are issued the 2 year green card(CR-1) at POE after being married more than two years, you can get it sorted out fairly easily by setting up an infopass appointment at your local USCIS office.

More here:

http://www.visajourney.com/forums/topic/290526-from-cr1-to-ir1/

and

http://www.visajourney.com/forums/topic/275963-cr1-visa-holder/

Edited April 8, 2011 by caly

[BellaD 0]

Thank you Caly... I think we'll take that route and wait 5-6 months before filing!

[Penguin_ie 5,995]

Yep, definitely point of entry.

If the interview is before the 2 year anniversary and the PoE after, make sure you point out to the CBP officer that the 2nd anniversary has passed so they don't overlook it.

[BellaD 0]

Thanks Penguin!