CR/1 visa issued after our 2 year anniversery?

[RickVenturini1 0]

My wife entered into the US after our 2 year wedding aninversery. She was issued a CR/1 visa, because at the time of the interview we were under the 2 year limit of marriage.

She is now in the US. my questions is: How do we proceed to get her on the IR/1 visa that she should have been entitled to?

Any ideas would be great!

Thanks

Rick Venturini

[Kez/JWolf 6]

She was issued a CR1 because at the time of the interview you had been married for less than 2 years... it is based on the length of time you have been married at the time of interview not when you enter the US.... you will have to file to remove the conditions 90 days before the expiry of her Greencard... i.e 2 years from the date of approval -90 days...

Kez

[riblet 0]

I have always heard that the 2 years is determined at the time of entry, but that should have been resolved at the POE.

At this point probably the simplest thing to do would be to just file to remove conditions when the time comes, even if you were entitled to an IR1, it would probably be a big hassle and not worth your time to try to change it now.

She was issued a CR1 because at the time of the interview you had been married for less than 2 years... it is based on the length of time you have been married at the time of interview not when you enter the US.... you will have to file to remove the conditions 90 days before the expiry of her Greencard... i.e 2 years from the date of approval -90 days...

Kez

[RickVenturini1 0]

She was issued a CR1 because at the time of the interview you had been married for less than 2 years... it is based on the length of time you have been married at the time of interview not when you enter the US.... you will have to file to remove the conditions 90 days before the expiry of her Greencard... i.e 2 years from the date of approval -90 days...

Kez

Thanks Kex,

Are you sure about that? I have read many times that the CR/1 or IR/1 is based on the date of entry into the US not the interview date. Do you know where I can get the information on that subject with Homeland security website? or other?

Thanks for your imput.

Rick

[Kez/JWolf 6]

If you still feel that you were given the wrong visa type then make an infopass appointment at your local USCIS office and go talk to an immigration officer....

Kez

[approveus 0]

On the USCIS website it states that the IR-1/CR-1 is issued based on the time you enter the US and not the time of interview.

I think however that your spouse should have made clear her desire for the IR-1 at the time of interview or at the point of entry. Now that she has been issued with the CR-1 it may be tough to change.

It looks like you have been given the wrong visa so as the above post stated, your local USCIS office is probably the best place to start.

[meauxna 15]

My wife entered into the US after our 2 year wedding aninversery. She was issued a CR/1 visa, because at the time of the interview we were under the 2 year limit of marriage.

She is now in the US. my questions is: How do we proceed to get her on the IR/1 visa that she should have been entitled to?

Any ideas would be great!

Thanks

Rick Venturini

Your wife was given the correct visa. It was up to her to make sure she received the right STATUS at entry. Every discussion on this topic that I have participated in surely brings up that point--I'm not sure how you missed it.

I'm also not sure you can get it fixed. You are welcome to go and get familiar with your District Office staff and see if there is anything they can do to help you. I have not seen anyone succeed in that, but someone has to be the first! I *would* avoid words like 'entitled' when talking with them though.. this is an error that could be attributed to either party, so be humble and ask for their help. The other option would be trying the immigration office at the POE, if it is possible to return there.

[MPGGPM 0]

Some of these answers to seem to contradict with the fact that the application on behalf of my wife states that it is an IR1. And yet, we have not had any interview (some of you said it's based on when you have an interview) ....nor has my wife permanently entered into the US.

So, why then are some of the responses saying that it is based on the time of interview.....or when someone enters the US? (because in our case....neither applies). We have been categorized as IR1.......BEFORE either has happened. We have that label (IR1) already and so apparently you can be categorized as such before the interview or entry into the USA.

By the way....yes....we are married more than 2 years. (2 years...10 1/2 months, to be precise

Edited February 24, 2007 by MPGGPM

[riblet 0]

There is no contradiction - no one ever said you could not be issued an IR1 at the interview, as long as the marriage is two years old at that time.

Some people fall into the situation where the marriage is less than 2 years old at the interview and they get a CR1, and then more than 2 years old at the POE so they are "upgraded" to the IR1 - BUT how is the officer at the POE to know how long a person has been married unless they tell them? That's where the problem arises.

My husband and I will be very close to our 2 year anniversary, but I'd rather have him here 3 months earlier and file to remove conditions than wait that time.

[MPGGPM 0]

There is no contradiction - no one ever said you could not be issued an IR1 at the interview, as long as the marriage is two years old at that time.

Some people fall into the situation where the marriage is less than 2 years old at the interview and they get a CR1, and then more than 2 years old at the POE so they are "upgraded" to the IR1 - BUT how is the officer at the POE to know how long a person has been married unless they tell them? That's where the problem arises.

My husband and I will be very close to our 2 year anniversary, but I'd rather have him here 3 months earlier and file to remove conditions than wait that time.

My point was that we are given the IR1 status, even before the interview. (although , obviously we haven't received any visa yet). So, apparently, that status can be granted to you, even before those two events occur. The IR1 label is already on all of our correspondences and documents from the NVC.

The decision to grant you that status can be made even before the interview.

Edited February 24, 2007 by MPGGPM

[meauxna 15]

There is no contradiction - no one ever said you could not be issued an IR1 at the interview, as long as the marriage is two years old at that time.

Some people fall into the situation where the marriage is less than 2 years old at the interview and they get a CR1, and then more than 2 years old at the POE so they are "upgraded" to the IR1 - BUT how is the officer at the POE to know how long a person has been married unless they tell them? That's where the problem arises.

My husband and I will be very close to our 2 year anniversary, but I'd rather have him here 3 months earlier and file to remove conditions than wait that time.

My point was that we are given the IR1 status, even before the interview. (although , obviously we haven't received any visa yet). So, apparently, that status can be granted to you, even before those two events occur. The IR1 label is already on all of our correspondences and documents from the NVC.

The decision to grant you that status can be made even before the interview.

"Status" is what you get only after you've entered the US.

Your wife's case is a visa application at this point, visa category IR-1. No contradiction.

[MPGGPM 0]

There is no contradiction - no one ever said you could not be issued an IR1 at the interview, as long as the marriage is two years old at that time.

Some people fall into the situation where the marriage is less than 2 years old at the interview and they get a CR1, and then more than 2 years old at the POE so they are "upgraded" to the IR1 - BUT how is the officer at the POE to know how long a person has been married unless they tell them? That's where the problem arises.

My husband and I will be very close to our 2 year anniversary, but I'd rather have him here 3 months earlier and file to remove conditions than wait that time.

My point was that we are given the IR1 status, even before the interview. (although , obviously we haven't received any visa yet). So, apparently, that status can be granted to you, even before those two events occur. The IR1 label is already on all of our correspondences and documents from the NVC.

The decision to grant you that status can be made even before the interview.

"Status" is what you get only after you've entered the US.

Your wife's case is a visa application at this point, visa category IR-1. No contradiction.

Not to beat this to the ground......cause I think by now everyone gets the point ......but if the definition of "status " is....

Position relative to that of others; standing: Her status is that of a guest (yes...I have too much time on my hands today...and looked it up)

Then, my wife's "standing" relative to others is that she is classified as IR1. Her status is that of "IR1", and we don't have to wait until she enters the USA or have her interview to find that out. We are aware of it already.

Personally, on the day she actually returns the USA for good, I don't think I'm going to give a hoot what/how she enters. All I know is that after 2 years apart, she will finally be back home.....and that'll be more than good enough for me ......no matter "what" our government decides to call her

[meauxna 15]

Not to beat this to the ground......cause I think by now everyone gets the point ......but if the definition of "status " is....

Position relative to that of others; standing: Her status is that of a guest (yes...I have too much time on my hands today...and looked it up)

Then, my wife's "standing" relative to others is that she is classified as IR1. Her status is that of "IR1", and we don't have to wait until she enters the USA or have her interview to find that out. We are aware of it already.

Personally, on the day she actually returns the USA for good, I don't think I'm going to give a hoot what/how she enters. All I know is that after 2 years apart, she will finally be back home.....and that'll be more than good enough for me ......no matter "what" our government decides to call her

"If" being a big if....

""...we are in the never-never land of the Immigration and Nationality Act, where plain words do not always mean what they say." Yuen Sang Low

v. Attorney General, 479 F.2nd 820 (9th Cir. 1973)"

"Whatever guidance the regulations furnish to those cognoscenti familiar with INS procedures, this court, despite many years of legal experience, finds that they yield up meaning only grudgingly and that morsels of comprehension must be pried from mollusks of jargon." Kwon v. INS, 646 F.2nd 909 (5th Cir. 1981) "

" this is immigration law where the issues are seldom simple and the answers are far from clear." Alanis-Bustamante v. Reno 201 F.34d 1303 (11th Cir. 2000)"

-Folinskyinla

Certified Specialist

Immigration & Nat. Law

Cal. Bar Board of Legal Specialization

Right now your wife is an intending immigrant with a visa application started. "IR-1" is both a visa classification and an immigration status (Permanent Resident).

I hope she gets home soon, too.

[babybunny 2]

Some of these answers to seem to contradict with the fact that the application on behalf of my wife states that it is an IR1. And yet, we have not had any interview (some of you said it's based on when you have an interview) ....nor has my wife permanently entered into the US.

So, why then are some of the responses saying that it is based on the time of interview.....or when someone enters the US? (because in our case....neither applies). We have been categorized as IR1.......BEFORE either has happened. We have that label (IR1) already and so apparently you can be categorized as such before the interview or entry into the USA.

By the way....yes....we are married more than 2 years. (2 years...10 1/2 months, to be precise

thats easy to answer ... you were married 2 years when you filed. for this reason it went IR1. most people dont wait

2 years - then file.

[doodads 0]

My wife came here in December, 2 years and 2 months after we married. She told the POE officer how long we had been married, and requested an IR-1 visa. The POE officer told her that since we were not living together for all of the 2 years and 2 months of the marriage, she could not get the IR-1 visa. He gave her a CR-1 visa.

Bob