Possible to get IR-1 before 2 year anniversary??

[MariahVine 2]

Are there any possible circumstances that would allow my husband to get the immediate resident status, IR-1, even if he is approved for and enters America before our 2nd year anniversary?? Our 2nd year anniversary is August 27, 2013... and we are still waiting for the approval of my AOS packet and then our case needs to be sent to Sydney.. then interview, etc. We are just really anxious to get to America and we were both asked to be in our friend's wedding that's in July in America. We have just gone through SO much to get thie visa... any possible way to get IR-1 if we enter before Aug 27th??

[Ryan H 3,834]

any possible way to get IR-1 if we enter before Aug 27th??

No

[canadian_wife 1,829]

Are there any possible circumstances that would allow my husband to get the immediate resident status, IR-1, even if he is approved for and enters America before our 2nd year anniversary?? Our 2nd year anniversary is August 27, 2013... and we are still waiting for the approval of my AOS packet and then our case needs to be sent to Sydney.. then interview, etc. We are just really anxious to get to America and we were both asked to be in our friend's wedding that's in July in America. We have just gone through SO much to get thie visa... any possible way to get IR-1 if we enter before Aug 27th??

You can ask at the interview but the probable answer is no

Why do you want an Ir1? If you NEED to get to the US, what's so wrong with a CR1?

Good luck

[NigeriaorBust 4,087]

The only way to get the IR visa is wait until after your second aniversary to enter the US after your interview. So if you have some other way yo enter ( VWP?) for the wedding and have your interview after the wedding then enter after your second aniversary you will get the IR ( 10 ) card. Even days before the second aniversary you get the Cr ( 2 year ) version.

[MariahVine 2]

You can ask at the interview but the probable answer is no

Why do you want an Ir1? If you NEED to get to the US, what's so wrong with a CR1?

Good luck

There is nothing wrong with the CR1. I just want the IR1 so we don't have to deal with USCIS for ten years! We have gone through so much(I could write a novel about how USCIS messed up our paperwork and what we'd have to go through, etc)to try to get this visa. I know we, well my husband, has 6 months to enter America after he is approved. We have just been waiting so long... we started this process about a year and a half ago..I had to fly to America last Sept for an interview with Homeland Security. USCIS didn't have any idea what the interview was for or why I was scheduled for it. USCIS lied to me from the beginning of the process and it took 9 months to have the petition approved-and it was only approved after I had the interview in America. I know many people go through much drama with these processes though so I am sure our case is not unique. It has just taken so long and thousand and thousands of dollars extra. We want to go to America soon after we are accepted, thought it will be a few months short of being able to get CR1. But then my Australian visa expires in May and if not accepted to get it renewed... I have to leave to America alone. And we have the wedding in July in Colorado. Sorry for my venting...

The only different between CR1 and IR1 is that before the 2 years of my husband living in America is up, he has to break the conditions and change status to PR right? And pay the fee of over $1,000. Then he's good for ten years?

I just want IR1 and then not worry for ten years! :-) In a perfect world..

[MariahVine 2]

The only way to get the IR visa is wait until after your second aniversary to enter the US after your interview. So if you have some other way yo enter ( VWP?) for the wedding and have your interview after the wedding then enter after your second aniversary you will get the IR ( 10 ) card. Even days before the second aniversary you get the Cr ( 2 year ) version.

My husband wouldn't be allowed to enter on the visa wavier program would he? I have been told he can't enter America until he has the spousal visa. We'll see how it plays out but I am sure if we get the visa before our anniversary, we'll just enter and he'll get CR1.

[NikLR 13,232]

He's not breaking any conditions, he's removing the conditions. He will not need to worry about that for almost 2 years. The total cost of the form and the biometric fee at this time is $590. ($505 for the I-751 and $85 for biometrics)

Who told you he can't enter using the VWP?

Edited January 19, 2013 by NikiR

[MariahVine 2]

He's not breaking any conditions, he's removing the conditions. He will not need to worry about that for almost 2 years. The total cost of the form and the biometric fee at this time is $590. ($505 for the I-751 and $85 for biometrics)

Who told you he can't enter using the VWP?

That's right, he is removing the conditions. Thanks for the fee amounts.. they may change in two years but still good to know.

The VWP is the visa wavier program correct? When my Australian visa expired last Feb and the Aus govt wouldnt extend it.. I asked USCIS if my husband could come back with me to America to continue this process. I then found out about using the fiance visa to get a spouse to America... but after talking to many people about it, they recommended it's not the way to go etc. But everytime i mentioned or asked if my husband could go to America... everyone I talked to at USCIS said that when a person is going through this process for the visa, they can't travel to America. They can try, though it is risky... if when going through customs they somehow found out he was going through the process to get this immigrant/spousal visa, they could send him back to Australia straight away. Is that true or no? That is the answer that I got from USCIS. It just alway seemed like too much of a risk to try.

[NikLR 13,232]

No that's not true at all. In fact because he's in a VWP country, it's easier than if he had to get a tourist visa (which are most often denied.) I'm a Canadian and I've travelled to see my husband twice, once was before he filed and once afterwards. In fact I'm going to visit again next Friday. There some that visit every weekend or stay for months at a time. As a Canadian though we don't need a tourist or visitor visa to visit the USA. Up until 7 years ago we didn't even need a passport. A spouse should take more precautions than a normal visitor though and bring ties to their home country when they attempt to enter the USA, if asked for such things. That includes leases, bills, pay stubs, return tickets and/or a letter from their employer. I also bring my NOA1 with me and told them last time we were trying to immigrate there when I was asked. But understand that it is ultimately up to the POE officer to let your husband in or not. They may say no, they may take him into secondary questioning or they may just say "have a nice visit." Short visits tend to go over better than long ones and using a VWP excessively will lead to denials eventually. So it's risky, but not overly so, especially from a visa waiver program country.

[Ryan H 3,834]

everyone I talked to at USCIS said that when a person is going through this process for the visa, they can't travel to America.

For the benefit of others who read this, USCIS is not the agency to be making inquires to regarding border control procedures as they have no involvement with it whatsoever. The proper agency to contact would be US Customs and Border Protection (CBP) as that is the agency that carries out border control/crossing procedures.

[Penguin_ie 5,997]

Your husband can visit America on the VWP, but he cannot immigrate and stay on it, so whoever you talked to may have been confused as to what you were asking. The problem with the wedding/ 2 year anniversary thing is that once the spousal visa is in his passport, he cannot use VWP anymore. So the thing to do there would be to delay the interview until after your return from the friends' wedding.

[jaycali 415]

My husband wouldn't be allowed to enter on the visa wavier program would he? I have been told he can't enter America until he has the spousal visa. We'll see how it plays out but I am sure if we get the visa before our anniversary, we'll just enter and he'll get CR1.

I entered the US three times on the VWP after the I-130 was filed. Never had a problem. Even entered twice with my wife, as a family, at the same immigration booth. No problem what so ever. Whoever told you he can't enter on the VWP had no idea what they were talking about. Maybe they misunderstood your question. He can't enter and stay. For that he needs the spousal visa obviously. But he's free to visit.

As Ryan H said, the USCIS has nothing to do with the US border or ports of entry. The USCIS handles immigration cases filed inside the US. No USCIS employee has anything to do with the ports of entry. The ports of entry are handled by the CBP - A different agency (though under the same department). Either way - This is one of those awkward moments when you should trust random posters on an internet forum rather than whoever you spoke to at USCIS.

If he has the visa stamped in his passport already, I'm not sure if he'd be able to enter on the VWP, and "save" the visa for your 2 year anniversary. The closest experience I have with that is entering on the VWP with an unused F-1 student visa in my passport. That was not a problem, but also a very different scenario. I'd at least consult with an immigration lawyer before trying to pull something like that off.

As far as getting an IR-1 before the 2 year - Not gonna happen. Sorry.

Edited January 20, 2013 by Jay Jay

[bigdog 377]

You can ask at the interview but the probable answer is no

Why do you want an Ir1? If you NEED to get to the US, what's so wrong with a CR1?

Good luck

[MariahVine 2]

I entered the US three times on the VWP after the I-130 was filed. Never had a problem. Even entered twice with my wife, as a family, at the same immigration booth. No problem what so ever. Whoever told you he can't enter on the VWP had no idea what they were talking about. Maybe they misunderstood your question. He can't enter and stay. For that he needs the spousal visa obviously. But he's free to visit.

As Ryan H said, the USCIS has nothing to do with the US border or ports of entry. The USCIS handles immigration cases filed inside the US. No USCIS employee has anything to do with the ports of entry. The ports of entry are handled by the CBP - A different agency (though under the same department). Either way - This is one of those awkward moments when you should trust random posters on an internet forum rather than whoever you spoke to at USCIS.

If he has the visa stamped in his passport already, I'm not sure if he'd be able to enter on the VWP, and "save" the visa for your 2 year anniversary. The closest experience I have with that is entering on the VWP with an unused F-1 student visa in my passport. That was not a problem, but also a very different scenario. I'd at least consult with an immigration lawyer before trying to pull something like that off.

As far as getting an IR-1 before the 2 year - Not gonna happen. Sorry.

Awesome. Considering how many times I called USCIS and was given different answers, it doesn't suprise me that they had no idea what they were talking about. It did seem strange for them to tell me that he isn't allowed to visit America. Oh well, that was a situation a year ago almost. My Aussie visa wasn't extended by the Australian govt so I had to go back to US and they told me that my husband couldn't come with me or that it would be risky if he did try. I talked to so many people and depts about it.. I think one was the border control. I don't remember. Anyway, thanks for that info.

He doesn't have the visa stamped into his passport yet. We are waiting to get the approval of my AOS packet from NVC. I just sent them the extra info they requested. Hope they approve it soon.

I don't know if he would be able to "Save" the entry on the CR1 entry into America and enter on the VWP. We are in our friend's wedding in JUly.. but if we have the visa before then, and it was possible, we don't have the money saved up riht now to be buying an extra plane ticket from Aus to America.. if he were able to enter on VWP to US for wedding and then come back to Aus and then back to America after 2nd year anniversary. We'll see how it all works out.. just need to get the AOS approval and then have our case send to Syndey and have interview, etc. Thanks for all of your info!

I figured it was impossible to get the IR1 before 2nd yr anniversary, but thought I would ask :-) wishful thinking

Edited January 20, 2013 by MariahVine

[MariahVine 2]

Your husband can visit America on the VWP, but he cannot immigrate and stay on it, so whoever you talked to may have been confused as to what you were asking. The problem with the wedding/ 2 year anniversary thing is that once the spousal visa is in his passport, he cannot use VWP anymore. So the thing to do there would be to delay the interview until after your return from the friends' wedding.

I think everyone at USCIS is confused! :-) We have thought about trying to delay the interview. But at this point, we don't know when the interview is. NVC requested a bit more info from me before they can approve my AOS packet. They approved my husband's. That extra info has been mailed to them. My Aus visa expires early May... I could try to get it extended. Granted, I am on a different visa now, but last year when on a tourist visa I tried that and was denied. Anyway.. what you said does seem like it would work. It would be a lot of extra money and hassle too though. I know getting the CR-1 isn't the worst thing in the world. We have been going through this process for so long, we are just anxious to go to America soon after the approval. So if we get the visa before July... we can be in America for the wedding and then just get the CR1. Well I hope we get it before May when my visa expires. We don't want to go through separation again! It's good to see all the options and situations that could work though.Thanks

Edited January 20, 2013 by MariahVine