CR/1 visa issued after our 2 year anniversery?

[Marilyn. 340]

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

that was wrong information.. it doesn't matter if you were living together or not...

[RBSoul 0]

I'm in the same situation. My wife had her final interview a month shy from our 2-yr anniversary. Then we entered the US exactly 6 months later. At the time we had so much things going on that we never or checked to see what type of visa was being issued. If the guy is looking at our paper work he should be able to tell what type of visa is needed, right?

I guess it's failure on our part a little but we did not of such things. Thought it was automatic. My wife never got an interview at the POE. Just finger printed and sent on her merry way. Unfortunately we never looked at her passport about her visa. And she just received her green card with CR-1 as her category code with is completely wrong. We purposely came in the US after 2-yrs so that she gets the 10-yr with no conditions. I'm tired of going through all this hassle especially since that I'm working overseas and I don't want to the fees, especially since there is no Infopass where we are at (Middle-east) or in Spain where she is staying now til the baby is born.

Even on the Madrid Embassy website it states she should have been unconditional:

IMPORTANT NOTICE

If at the time of admission to the United States, you have not celebrated the second anniversary of your marriage, which is the basis of your immigrant status, you are subject to the provisions of section 216 of the Immigration and Nationality Act. Under these provisions, you will be granted Conditional Permanent Resident Status at the time of your admission to the United States. You and your spouse will be required to file a joint petition (form I-751) with the CIS in the United States How Do I Remove The Conditions On Permanent Residence Based On Marriage? to have the conditional basis of your status removed. This petition must be filed within the ninety-day period immediately preceding the second anniversary of the date you were granted conditional permanent resident status. If a petition to remove the conditional basis of your status is not filed within this period, your conditional permanent status will be terminated automatically and you will be subject to deportation from the United States.

Don't we have an case to justify the change of status on her green card as an USCIS administrative error? Especially since my career has me overseas most of the time. This is so frustrating!

[hoot17 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

Rick,

Here is what the INS Inspectors mannual says:

14.6 Conditional Residents,

Admission procedures for conditional immigrants (based on spouse or investment) are discussed in 8 CFR 235.11. Procedures are generally the same as for other immigrants, but in spouse cases, if the marriage upon which the visa is issued occurred more than 2 years prior to the date of admission, you must admit the alien unconditional, regardless of the visa symbol on the immigration visa.

I struggled with this same question but now there is no doubt that if you have been married more than 2 years when you cross the border, you must get an unconditional stamp on your visa and a 10 year green card. I would submit a letter to immigration with a copy of your marriage certificate and make them aware of their mistake. I believe they will correct it saving you the money and time for AOS. I had 2 agents in LA and 4 in Las Vegas tell me that there was no such regulation. I showed it to the ones in Las Vegas and they finally concurred that it was in their mannual. We have waited for 4 1/2 months for my wife to come to the US so that we will be finished with immigration. I will be with her with a copy of our mariage certificate (which should be in the I-130 packet anyway) and a copy of this regulation from their handbook. Good luck and I am sure that you can get this reversed...hope this helps

Take Care....Loren

[Roserick 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

Ok this is my 2 cents..

I never knew what CR-1, IR-1 classification Visa until I found VJ.

When my case was approved by USCIS.. It was NVC who gave me the Visa Classification IR-1 since I had been married since 2005, and filed my I-130 last May 2007.

In my opinion I don't think they identify your Visa Classification @ POE.. Whatever NVC classifies you is what your Visa going to be.. Doesn't matter if your marriage become 2 or more yrs when you get to POE.

You just have to wait for the Removing of Condition Process to change it to IR-1.

[lucyrich 20]

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

that was wrong information.. it doesn't matter if you were living together or not...

True enough, and it's further wrong because the POE officer doesn't ever get to give her a visa, or decide on the type of visa she gets. Only consulates can issue visas.

POE officers may determine what status she gets upon entry.

FWIW, INA 216 g 1 B clearly says that it's the age of the marriage on the date status is granted that determines whether or not the status is conditional. The date of visa issuance has no relevance.

[lucyrich 20]

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

Ok this is my 2 cents..

I never knew what CR-1, IR-1 classification Visa until I found VJ.

When my case was approved by USCIS.. It was NVC who gave me the Visa Classification IR-1 since I had been married since 2005, and filed my I-130 last May 2007.

In my opinion I don't think they identify your Visa Classification @ POE.. Whatever NVC classifies you is what your Visa going to be.. Doesn't matter if your marriage become 2 or more yrs when you get to POE.

You just have to wait for the Removing of Condition Process to change it to IR-1.

Read INA 216 (g).

The consulate (not NVC) determines what kind of visa you get, based on the age of your marriage at the time they give you the visa.

But the POE officer determines whether your status is conditional or not, based on the age of your marriage on the date they give you status. This is the only thing that matters; as it's what determines whether or not you have to eventually remove conditions.

It may be confusing because the NVC will assign a visa type early on, perhaps before they know how old the marriage will be on the date of visa issuance or the date of entry to the US. Procedure requires the NVC to assign a visa type, but for practical purposes, IR-1 and CR-1 are identical when the case is still at the NVC. The consular officers or POE officers will freely switch the case type if it's warranted based on the age of the marriage.

[hoot17 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

Ok this is my 2 cents..

I never knew what CR-1, IR-1 classification Visa until I found VJ.

When my case was approved by USCIS.. It was NVC who gave me the Visa Classification IR-1 since I had been married since 2005, and filed my I-130 last May 2007.

In my opinion I don't think they identify your Visa Classification @ POE.. Whatever NVC classifies you is what your Visa going to be.. Doesn't matter if your marriage become 2 or more yrs when you get to POE.

You just have to wait for the Removing of Condition Process to change it to IR-1.

I just wrote about the regulation in the "Inspectors manual " 14.6 states that the border officer must admit the immigrant uncondittionally if they have passed their 2nd wedding anniversary at the time they are admitted, no matter what the symbol on their visa is. For example. My wife's CR-1 visa is good until May and our 2nd anniversary is in March. We will cross the POE 4 days after our 2nd wedding anniversary. She will get an unconditional 10 year stamp on her passport. We will be done with immigration at that time. No AOS. I wrote the regulation out in an earlier post...hoot17

[hoot17 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

Ok this is my 2 cents..

I never knew what CR-1, IR-1 classification Visa until I found VJ.

When my case was approved by USCIS.. It was NVC who gave me the Visa Classification IR-1 since I had been married since 2005, and filed my I-130 last May 2007.

In my opinion I don't think they identify your Visa Classification @ POE.. Whatever NVC classifies you is what your Visa going to be.. Doesn't matter if your marriage become 2 or more yrs when you get to POE.

You just have to wait for the Removing of Condition Process to change it to IR-1.

Read INA 216 (g).

The consulate (not NVC) determines what kind of visa you get, based on the age of your marriage at the time they give you the visa.

But the POE officer determines whether your status is conditional or not, based on the age of your marriage on the date they give you status. This is the only thing that matters; as it's what determines whether or not you have to eventually remove conditions.

It may be confusing because the NVC will assign a visa type early on, perhaps before they know how old the marriage will be on the date of visa issuance or the date of entry to the US. Procedure requires the NVC to assign a visa type, but for practical purposes, IR-1 and CR-1 are identical when the case is still at the NVC. The consular officers or POE officers will freely switch the case type if it's warranted based on the age of the marriage.

Yes, this is correct.