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Blackfield

Upgrade or not upgrade to CR-1?

By Blackfield in Bringing Family Members of US Citizens to America

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Blackfield Explorer

Blackfield   1

Posted
Filed: Citizen (apr) Timeline
Posted

Hi,

First, let me apologize that I have this same thread under IR1/CR1 thread as well.

The thread there only got a couple of mix response, so I am opening one here as well.

My wife's visa petition is currently at NVC. Our AOS, IV packages and DS-260 was sent to NVC earlier this week.

My US citizen oath ceremony is on Dec 17th, a couple of weeks away.

I plan to upgrade my wife's F2A petition to CR-1 petition after I receive my naturalization certificate in two weeks time.

I understand that the benefit of upgrading the petition is that we then won't have to worry about the visa bulletin.

However, I wonder if upgrading the petition at this juncture would cause any issue (delay) to the existing petition since it is closed to completion.

So, in our case, the question is should we upgrade the petition?

Would it cause issue with priority date, etc?

Basically, I want to better understand the ramifications before making the decision.

Thanks!

Became LPR:

10/28/2008

I-130

Filling I-130 spouse while still an LPR

02/13/2013 - Case arrived at USCIS

02/21/2013 - NOA1

08/15/2013 - NOA2

N-400:

07/31/2013 - sent N-400

08/13/2013 - NOA

08/26/2013 - Biometric

10/03/2013 - Received Interview Letter

11/07/2013 - Interview

12/17/2013 - Oath ceremony

NVC

11/01/2013 - Case arrived at NVC

11/20/2013 - Received case #, IIN, Beneficiary number, gave e-mail addresses

11/21/2013 - Submitted DS-261

11/22/2013 - AOS bill invoiced & paid

11/25/2013 - AOS Package sent

11/26/2013 - AOS bill appears as PAID

11/26/2013 - IV bill invoiced & paid

11/27/2013 - IV Package sent

12/02/2013 - AOS/I864 and IV packages received by NVC

12/03/2013 - IV bill appears as PAID

12/03/2013 - Submitted DS-260

12/17/2013 - Requested NVC to upgrade the petition from F2A to CR1 category

12/26/2013 - Got checklist for I864, sent the correction back

12/30/2013 - NVC received the I864 checklist package

01/06/2014 - NVC confirmed that our petition was upgraded to CR1 category

01/23/2014 - Case Complete

01/29/2014 - Received interview letter

03/26/2014 - Interview - APPROVED!!

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

Hi,

I don't think you know what those letters stand for, they won't change even if you upgrade. CR1 means the marriage is less than 2 years, IR1 is marriage over 2 years.

once you get your naturalization cerficate let the NVC know that you are now a USC

Blackfield Explorer

Blackfield   1

Posted
Filed: Citizen (apr) Timeline
  • Author
Posted

Hi,

I don't think you know what those letters stand for, they won't change even if you upgrade. CR1 means the marriage is less than 2 years, IR1 is marriage over 2 years.

once you get your naturalization cerficate let the NVC know that you are now a USC

Currently, I file my wife petition under F2A category.

If I upgrade, wouldn't the category change to CR1? Our marriage is less than 2 years.

What am I missing here? What was it that did not change even when I upgrade?

Became LPR:

10/28/2008

I-130

Filling I-130 spouse while still an LPR

02/13/2013 - Case arrived at USCIS

02/21/2013 - NOA1

08/15/2013 - NOA2

N-400:

07/31/2013 - sent N-400

08/13/2013 - NOA

08/26/2013 - Biometric

10/03/2013 - Received Interview Letter

11/07/2013 - Interview

12/17/2013 - Oath ceremony

NVC

11/01/2013 - Case arrived at NVC

11/20/2013 - Received case #, IIN, Beneficiary number, gave e-mail addresses

11/21/2013 - Submitted DS-261

11/22/2013 - AOS bill invoiced & paid

11/25/2013 - AOS Package sent

11/26/2013 - AOS bill appears as PAID

11/26/2013 - IV bill invoiced & paid

11/27/2013 - IV Package sent

12/02/2013 - AOS/I864 and IV packages received by NVC

12/03/2013 - IV bill appears as PAID

12/03/2013 - Submitted DS-260

12/17/2013 - Requested NVC to upgrade the petition from F2A to CR1 category

12/26/2013 - Got checklist for I864, sent the correction back

12/30/2013 - NVC received the I864 checklist package

01/06/2014 - NVC confirmed that our petition was upgraded to CR1 category

01/23/2014 - Case Complete

01/29/2014 - Received interview letter

03/26/2014 - Interview - APPROVED!!

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Currently, I file my wife petition under F2A category.

If I upgrade, wouldn't the category change to CR1? Our marriage is less than 2 years.

What am I missing here? What was it that did not change even when I upgrade?

You are mixing up categories and visas.

You would upgrade from F2a family preference category to Immediate Relative.

Whether a spouse gets a conditional or unconditional green card is based on the length of the marriage. Less than 2 years, it's a conditional green card. Over 2 years, then an unconditional green card.

For the spouse of a USC, it's a CR-1 for a marriage if less than 2 years. It's a IR-1 for more than 2 years.

 
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