Visa differentiation

[Matsiepan 6]

I think my eyes are going fuzzy through all my reading, but I just need a clarification:

Is what determines whether you get an CR-1 or IR-1 visa is the time lapse between when you got married and the time you enter the U.S. on the visa, correct? I.e. if you enter the U.S. with your visa after your 2nd anniversary, you will be issued an IR-1 and 10-year GC (not immediately, but in general). Whereas if you enter before the 2nd anniversary, you are issued CR-1 and need to apply to removed conditions 90 days before 2nd anniversary ?

I'm just confused with the wording, because I have heard it said it is determined by the proximity of the day you were interviewed and the day you were married ( interviewed b4 2nd anniversary and are approved = IR-1).

Husband and I are trying to figure out the timing of submitting our application in the off-chance we seem to get through extraordinarily fast (unlikely).

Thanks again for all the help!

[Inky 1,110]

Cr-1 = married less than 2 years

Ir-1 = married more than 2 years

Removal of conditions is filed 2 years after the date on the green card not your anniversary. ( 90 days before the expiration date is the earliest you can file)

[Matsiepan 6]

Thank you for your reply. However I am asking whether it is determined by the day of your interview or the day you POE.

[TimeTravel 78]

Thank you for your reply. However I am asking whether it is determined by the day of your interview or the day you POE.

It is determined based on your POE date.

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Ref: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD

[Matsiepan 6]

It is determined based on your POE date.

Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

Ref: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD

Excellent. So should I POE with my visa AFTER my second anniversary, I will be issued a IR-1 and will not need to ROC, correct?

[TimeTravel 78]

Excellent. So should I POE with my visa AFTER my second anniversary, I will be issued a IR-1 and will not need to ROC, correct?

Correct! You would be qualified for IR-1 if you enter in United States after 2 yrs marriage anniversary.

But please keep in mind, alot of CPB won't care, and they would give the status whatever it is mentioned on your visa package. They may not be interested to fix the issue. Dont repeat yourself to CBP official, as you dont want to be delayed. Even if you receive CR-1 GC, then you can file I-90 to fix the error at no extra cost.

It happened with me, and I filed I-90 last month to fix the status, currently it is under process.