When Exactly to file to fall within the IR-1 but not CR-1?

[Sweetfruits 4]

I have a technical information from the USCIS guides site that i need VJ members out there to help me choose one from the available two options IR-1 or CR-1. The information says U.S. citizens legally married to a foreign national may petition for a IR-1 / CR-1 visa. If the marriage is less than two years old, the consulate will issue a CR-1 Visa (and if longer than two years it will issue a IR-1 Visa). The primary difference between these two visas is that a CR-1 Visa will result in Conditional Permanent Residency (requiring a petition to be filed later to lift this conditional status) versus a IR-1 Visa resulting in full Permanent Residency upon arrival in the US by the foreign spouse.

I want to my husband to fall within the IR-1 but not the CR-1 spouse visa category so when is the recommended time to submit my application because we just got married few months ago am am completing the paper work of the I-130 applications?

Is the IR-1 information saying i have to wait two years after marriage before i can file my I-130 or is it saying if the whole application process takes more than two years after marriage before our case is approved by the USCIS and NVC and our case sent to the US embassy in his home country then he will be issued a IR-1?

I need urgent help pleases.

Thank you

[Harpa Timsah 13,258]

You want to live apart for 2 years just to avoid ROC? Most people want to be with their spouses ASAP.

You would wait to file for about a year and a half.

[Thomas&Cleofe 358]

You can file the petition anytime you like......If you have been married for 2 years at the time of visa issuance, then your husband will be issued an IR-1 visa.

However, if at the time of visa issuance you have been married less than 2 years, your husband will be issued a CR-1 visa

[Sweetfruits 4]

No no no i cannot wait that long. I thought i would just have to wait some few months before i file so that the whole process will take two years before our case is approved and sent to the US Embassy in his home country. I will go on with my paper work on the I-130.

I intend to go back there after i submit our file to USCIS but i have no idea if this will not be a problem or even if not how long can i stay with him in Africa because he is trying to keep for months.

[Ian H. 207]

Hello,

The CR1 visa is issued when you have less than 2 years married when your spouse has his interview. The IR1 visa issued when you have 2 years or more married at the time of the interview.

Now, it's possible to be issued a CR1 visa, and become an IR1 upon entry if when your spouse enters, it's after your 2nd wedding anniversary.

I'm not sure why you would want to wait out, but I'm not here to judge so I can explain how you would do it. Your timeline isn't filled out so I can't use exact dates. Let's say you got married in August of this year, your 2nd anniversary would be in 2016.

Now you can file the I-130 now or in a few months, it will take about 6 months to be approved maybe 8. You would already have about 10 to 12 months married. Then a month for the case to reach the NVC. This part you can just take your time to send in the docs up to a year, and by the time your husband is issued the visa it'll be close enough to your second anniversary.

He would be given a CR1 visa, but if he enters after the anniversary date, he would be given an IR1 GC with no conditions. My cousin's husband was able to get his GC this way, of course not on purpose, but rather because the petition took forever to be approved and it took them forever to get the docs and gather the fees.

No one wants to be apart longer than they possibly have to, but to each his own. We thought about waiting a few months longer too and we could have saved the burden of filing ROC, but it wasn't worth it.

[Sweetfruits 4]

You want to live apart for 2 years just to avoid ROC? Most people want to be with their spouses ASAP.

You would wait to file for about a year and a half.

No no no i cannot wait that long. I thought i would just have to wait some few months before i file so that the whole process will take two years before our case is approved and sent to the US Embassy in his home country. I will go on with my paper work on the I-130.

I intend to go back there after i submit our file to USCIS but i have no idea if this will not be a problem or even if not how long can i stay with him in Africa because he is trying to keep for months.

[Ian H. 207]

If you are a USC, which I would assume you are since you are considering CR1/IR1, the entire process takes a little over a year. You can travel over there while the petition is pending, that's no issue. It's entirely up to you how long you want to be there.

No no no i cannot wait that long. I thought i would just have to wait some few months before i file so that the whole process will take two years before our case is approved and sent to the US Embassy in his home country. I will go on with my paper work on the I-130.

I intend to go back there after i submit our file to USCIS but i have no idea if this will not be a problem or even if not how long can i stay with him in Africa because he is trying to keep for months.

[Sweetfruits 4]

You can file the petition anytime you like......If you have been married for 2 years at the time of visa issuance, then your husband will be issued an IR-1 visa.

However, if at the time of visa issuance you have been married less than 2 years, your husband will be issued a CR-1 visa

Thanks David&Goliath

I thought exactly as you put it but somebody replied to it and said i have wait for sometime before i file.

[Ian H. 207]

You can file as soon as you are legally married. If you already have the fee and the marriage certificate you can file as soon as you want.

Thanks David&Goliath

I thought exactly as you put it but somebody replied to it and said i have wait for sometime before i file.

[Sweetfruits 4]

Hello,

The CR1 visa is issued when you have less than 2 years married when your spouse has his interview. The IR1 visa issued when you have 2 years or more married at the time of the interview.

Now, it's possible to be issued a CR1 visa, and become an IR1 upon entry if when your spouse enters, it's after your 2nd wedding anniversary.

I'm not sure why you would want to wait out, but I'm not here to judge so I can explain how you would do it. Your timeline isn't filled out so I can't use exact dates. Let's say you got married in August of this year, your 2nd anniversary would be in 2016.

Now you can file the I-130 now or in a few months, it will take about 6 months to be approved maybe 8. You would already have about 10 to 12 months married. Then a month for the case to reach the NVC. This part you can just take your time to send in the docs up to a year, and by the time your husband is issued the visa it'll be close enough to your second anniversary.

He would be given a CR1 visa, but if he enters after the anniversary date, he would be given an IR1 GC with no conditions. My cousin's husband was able to get his GC this way, of course not on purpose, but rather because the petition took forever to be approved and it took them forever to get the docs and gather the fees.

No one wants to be apart longer than they possibly have to, but to each his own. We thought about waiting a few months longer too and we could have saved the burden of filing ROC, but it wasn't worth it.

[Sweetfruits 4]

No we are not going to be apart for 2 years i am planning to travel to my husband in Africa after i submit our petition.

[Ian H. 207]

That's good. Being apart for a few months is already bad enough. Also, I'm not sure how long you will stay, but make sure someone can receive your mail while you're away to make sure you know about any correspondence regarding the petition.

[Harpa Timsah 13,258]

Thanks David&Goliath

I thought exactly as you put it but somebody replied to it and said i have wait for sometime before i file.

No, I said that if you wanted to get an IR-1, you would wait to file. You can delay certain stages, but if you are not making progress going forward with the embassy, they will consider your case abandoned.

If you go live in Africa, then you will need a co-sponsor for the financial part.

You seem to think the whole process takes 2 years, but it normally takes around one year.

[islandbabes 12]

We got married August 2012 and filed May 10 2013. It has taken us 16 months but I got the visa issued and I entered after the 2year anniversary and got the IR1

[britishdakota 18]

I'd submit it now anyway, the I-130 is a slow process and you can control the speed at the NVC to an extent.

You also have 6 months after visa issued to enter. Given that someone from Africa may find themselves in AP I'd apply now, that way you can be sure to be reunited after your 2nd anniversary and can potentially be together sooner if you so choose.