cr1 or ir1 help me

[amirjahan 0]

Hi all

I got my cr1 visa couple days ago

They categorize my visa as CR1, I heard that after second anniversary (like our case) they should issue IR1 visa is it right?

What’s the difference between these two visas?

Thank you

[YuAndDan 153]

Yes that is the case CR-1 is Conditional Residence Visa, and IR-1 is Immediate relative visa

What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR ( conditional resident ) visa, not an IR ( immediate relative ) visa.

http://travel.state.gov/visa/immigrants/ty...types_2991.html

Did you indicate and show a marriage certificate that showed that you were married for more than 2 years?

With the CR-1 visa you have to file to remove conditions within 90 days before the 2 year green card expires.

[amirjahan 0]

hi agian

my question is why they issued the cR1 while we already pass our second annivesary

maybe they change it to ir1 whenever i go to usa am i right?

thank you

[Yodrak 7]

amirjahan,

Be sure to point out to the immigration officer at the POE that you are past your 2nd wedding anniversary, and so your immigration category should be IR1 rather the CR1.

Do this in the form of a question rather than in the form of a directive.

Yodrak

hi agian

my question is why they issued the cR1 while we already pass our second annivesary

maybe they change it to ir1 whenever i go to usa am i right?

thank you

[YuAndDan 153]

hi agian

my question is why they issued the cR1 while we already pass our second annivesary

maybe they change it to ir1 whenever i go to usa am i right?

thank you

Yodrak has good advice. Edited October 16, 2006 by YuAndDan

[amirjahan 0]

thank you for your replies

at this point should i inform embasy?

[YuAndDan 153]

thank you for your replies

at this point should i inform embasy?

You may try contacting the embassy but as Yodrak said "Do this in the form of a question rather than in the form of a directive." Don't be demanding, just point it out as a question, like: "I got my visa and noticed CR-1 not IR-1, we have been married for over 2 years and I have the marriage certificate showing this. Is this correct?" Edited October 16, 2006 by YuAndDan

[lucyrich 20]

Note that the visa isn't what determines whether you have to remove conditions. It's the age of the marriage at the time you gain status.

A hypothetical couple who got their visa after one year and eleven months of marriage would get a CR-1 visa. If they waited two more months to enter the US, one month after their two year wedding anniversary, the alien would get unconditional LPR status and would not have to go through removal of conditions. To minimize the chance of clerical error, they might have to remind the officer at the port of entry that their second wedding anniversary had already happened before they entered the US, but they could get unconditional status.

In other words, anybody who enters the US after their second wedding anniversary gets unconditional status, regardless of whether they have a CR-1 or IR-1 visa. So you shouldn't need to get the visa changed at all.

However, if they obviously made a mistake, it's probably best to get the mistake corrected sooner rather than later. The type of visa should be consistent with the date listed on the marriage certificate. If the visa is an IR-1, then there's no chance (barring really stupid errors) that the folks at the POE will give conditional status. So you should probably remind the embassy that your second anniversary had already passed before they issued you the CR-1 visa, and ask the embassy what you should do.

[morocco4ever 63]

Note that the visa isn't what determines whether you have to remove conditions. It's the age of the marriage at the time you gain status.

Keeping in mind of course, this does not apply to the K-3 visa category.

[Yodrak 7]

Morocco4ever,

Yes, it does apply. No matter how one gains their immigrant status on the basis of marriage, it's the age of the marriage at the time one gains status that determines whether or not conditions will apply.

Yodrak

Note that the visa isn't what determines whether you have to remove conditions. It's the age of the marriage at the time you gain status.

Keeping in mind of course, this does not apply to the K-3 visa category.

[morocco4ever 63]

Morocco4ever,

Yes, it does apply. No matter how one gains their immigrant status on the basis of marriage, it's the age of the marriage at the time one gains status that determines whether or not conditions will apply.

Yodrak

Note that the visa isn't what determines whether you have to remove conditions. It's the age of the marriage at the time you gain status.

Keeping in mind of course, this does not apply to the K-3 visa category.

K-3 is an non immigrant visa. So you are telling me that if you come in on a non immigrant visa then you will never have to adjust status if you have been married over 2 years?????

[Yodrak 7]

Morocco4ever,

This thread is discussing the difference between CR-1 and IR-1 status - which difference comes down to removal of conditions - not adjustment of status.

The same issue - removal of conditions - is the difference between CR-6 and IR-6 status. So K3s have the same issue to contend with.

Yodrak

Morocco4ever,

Yes, it does apply. No matter how one gains their immigrant status on the basis of marriage, it's the age of the marriage at the time one gains status that determines whether or not conditions will apply.

Yodrak

Note that the visa isn't what determines whether you have to remove conditions. It's the age of the marriage at the time you gain status.

Keeping in mind of course, this does not apply to the K-3 visa category.

K-3 is an non immigrant visa. So you are telling me that if you come in on a non immigrant visa then you will never have to adjust status if you have been married over 2 years?????

Edited October 17, 2006 by Yodrak