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ryanwmarks

Exactly when can I apply for IR-1 Visa?

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Hi everyone,

First time poster here, but long time reader.

I am American, my lovely wife is Japanese. We have been happily married for just over a year and a half and would like to apply for an IR-1 visa. We have not started any paper work yet.

Do we need to wait exactly until the 2 year anniversary to submit our I-130, or can we start the process earlier? I know it can take a year or more to finally get the visa, so we want to start as soon as possible, but don't want to deal with removing the conditions on the CR-1.

Any help is greatly appreciated.

Thank you!

-Ryan

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Apply now. The 2-year rule applies to the date of entry into the US, not the date you submit the I-130. Since it will take around a year to get the visa, by the time she enters the US it will be well beyond your 2-year anniversary, and she will receive the 10-year green card, not the 2-year green card.

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