CR-1 visa issued; entering US after 2 years of being married now

[Bron Chase 1]

Hi Everyone,

My wife was issued a CR-1 visa, but she will enter the US after our second wedding anniversary has arrived. Will she only get the conditional 2 year green card because we were married less than 2 years at the time of the interview and visa issuance, or can she be upgraded to the 10 year green card at POE by showing that we have now been married more than 2 years? If that is possible, is anyone familiar with the procedure? The USCIS website seems to indicate that it's based on when you enter the US (POE), not when the visa is issued, but it's unclear. Thank you so much for any advice

- Bron (Makati/Utah)

[JohnR! 5,495]

Hi Everyone,

My wife was issued a CR-1 visa, but she will enter the US after our second wedding anniversary has arrived. Will she only get the conditional 2 year green card because we were married less than 2 years at the time of the interview and visa issuance, or can she be upgraded to the 10 year green card at POE by showing that we have now been married more than 2 years? If that is possible, is anyone familiar with the procedure? The USCIS website seems to indicate that it's based on when you enter the US (POE), not when the visa is issued, but it's unclear. Thank you so much for any advice

- Bron (Makati/Utah)

It is the date or her arrival at the POE that counts. She will be issued a 10-year GC.

Congrats and good luck!

[Done--Really 331]

But she may have to point out the difference and insist if the agent doesn't readily agree. If for some reason he/she dees not agree to issue the IR-1, she MUST ask for a supervisor

[hikergirl 277]

But she may have to point out the difference and insist if the agent doesn't readily agree. If for some reason he/she dees not agree to issue the IR-1, she MUST ask for a supervisor

This is at POE when CBP is processing her right?

[Done--Really 331]

Correct--at POE

[ndu26 114]

But she may have to point out the difference and insist if the agent doesn't readily agree. If for some reason he/she dees not agree to issue the IR-1, she MUST ask for a supervisor

She needs to 'remind' them at the POE.

[Darnell 8,478]

ya, she needs to talk with the CBP person at the POE, whilst INSIDE the POE, to get her designation upgraded to IR-1.

Usually, show the marriage certificate and the CBP fella makes an update into the computer.

Sometimes this is done whilst in Secondary Inspection at the POE, so be prepared. Many times, also, the CBP human she's dealing with is clueless, so if there be numb or dull looks, ask for a supervisor to handle the 'upgrade'.

FWIW, many people come in the POE after a long, grueling, debilitating flight and forget to ask about this. Suggest making a note on a piece of paper and paper-clipping the note to the inside of the passport, where the BIO page is, so yer lass will remember to get the designation changed to IR-1.

Go Get Em, and Good Luck !

Edited March 15, 2013 by Darnell