IR-1/CR-1 distinction (split topic)

[Lee & Lei 42]

On 8/13/2017 at 2:22 PM, Penguin_ie said:

1.  you are correct, she will receive the ten year greencard if she enters the USA after your two year wedding anniversary, which seems very likely.

2. She would need to maintain her US residency.  However, married to a US citizen means she can apply for US citizenship three years after she got her greencard, so if you can delay a little, you two should have no issues with that.

I thought the IR1/CR1 disctinction was based upon the *issued* date of the visa -- so essentially your interview date -- not when you actually enter the US. 

 

Also, as far as I know, the residency requirement is 6 months -- pretty standard rule for most countries. If you are out-of-country for 6 months, the visa is automatically canceled. 

Edited August 16, 2017 by knightofdight

[Penguin_ie 5,993]

13 hours ago, knightofdight said:

I thought the IR1/CR1 disctinction was based upon the *issued* date of the visa -- so essentially your interview date -- not when you actually enter the US. 

 

Also, as far as I know, the residency requirement is 6 months -- pretty standard rule for most countries. If you are out-of-country for 6 months, the visa is automatically canceled. 

 

1. No, it is based on date of entry.e

2. I think you are getting confused. The visa- be that a CR-1 or IR-1- is valid for 6 months from date of issue, or possibly less if you had the medical a long time before interview. Once you enter the USA, you get a greencard, and your visa is useless. If you stay out of the country for more than 6 months but less than a year, it is up to you to show, upon return, you have not abandoned domicile in the USA. But your greencard is NOT automatically cancelled.

[Lee & Lei 42]

5 hours ago, Penguin_ie said:

 

1. No, it is based on date of entry.e

2. I think you are getting confused. The visa- be that a CR-1 or IR-1- is valid for 6 months from date of issue, or possibly less if you had the medical a long time before interview. Once you enter the USA, you get a greencard, and your visa is useless. If you stay out of the country for more than 6 months but less than a year, it is up to you to show, upon return, you have not abandoned domicile in the USA. But your greencard is NOT automatically cancelled.

1. Interesting... so, our 2 year wedding anniversary is in February. If my wife obtains her visa in December but we don't travel to the US until March, she will be given an IR1 green card instead of a CR1? 

 

2. I mixed up the terminology -- by "visa" I meant green card. But that is good to know, I assumed they would cancel it without warning if you were out more than 6 months. Thanks for the information. 

[Villanelle 4,122]

4 hours ago, knightofdight said:

1. Interesting... so, our 2 year wedding anniversary is in February. If my wife obtains her visa in December but we don't travel to the US until March, she will be given an IR1 green card instead of a CR1? 

 

2. I mixed up the terminology -- by "visa" I meant green card. But that is good to know, I assumed they would cancel it without warning if you were out more than 6 months. Thanks for the information. 

1. Yes. If its a small amount of time like you stated obtaining the visa in Dec and the 2 year anniversary is in Feb and you can wait then you definitely should. If she enters after the anniversary she will get the unconditional GC. This would save you from dealing with ROC and the fees involved. 

[Lee & Lei 42]

22 minutes ago, Damara said:

1. Yes. If its a small amount of time like you stated obtaining the visa in Dec and the 2 year anniversary is in Feb and you can wait then you definitely should. If she enters after the anniversary she will get the unconditional GC. This would save you from dealing with ROC and the fees involved. 

Well the NVC just received my AOS/IV package a few days ago, so possibly they would review by late October or early November and then -- assuming they are satisfied with everything -- set the interview date for December or January. And after that, my wife and I have to start tying up loose ends here (like selling things, closing accounts, etc) before we travel and that will probably take a month or two. So for sure, the earliest we would end up traveling would be late Feb or early March, definitely after that 2 year anniversary.

 

You are certain it is based on the date you ENTER the US, and not the date they put the visa sticker in your passport? 

Edited August 17, 2017 by knightofdight

[Gorkhali 214]

30 minutes ago, knightofdight said:

Well the NVC just received my AOS/IV package a few days ago, so possibly they would review by late October or early November and then -- assuming they are satisfied with everything -- set the interview date for December or January. And after that, my wife and I have to start tying up loose ends here (like selling things, closing accounts, etc) before we travel and that will probably take a month or two. So for sure, the earliest we would end up traveling would be late Feb or early March, definitely after that 2 year anniversary.

 

You are certain it is based on the date you ENTER the US, and not the date they put the visa sticker in your passport? 

2

100% certain. I went through it a few days back. Have a look at communication here 

 

[Lee & Lei 42]

3 minutes ago, Bunny&Ninja said:

100% certain. I went through it a few days back. Have a look at communication here 

 

Very awesome, thanks!

 

I guess we just have to hope that USCIS is paying attention, haha. I have read before on VJ that some people had to go through a lot of hassle and time to correct the mistake when they SHOULD have received an IR1 but they received a CR1 green card by mistake. 

[pushbrk 12,883]

2 hours ago, knightofdight said:

Well the NVC just received my AOS/IV package a few days ago, so possibly they would review by late October or early November and then -- assuming they are satisfied with everything -- set the interview date for December or January. And after that, my wife and I have to start tying up loose ends here (like selling things, closing accounts, etc) before we travel and that will probably take a month or two. So for sure, the earliest we would end up traveling would be late Feb or early March, definitely after that 2 year anniversary.

 

You are certain it is based on the date you ENTER the US, and not the date they put the visa sticker in your passport? 

I'm certain that is correct but USCIS does make mistakes.  If you enter after two years of marriage and receive a CR1 status green card, you file an I-90 with no fee and get USCIS to correct their error and issue a green card with IR-1 status.

[Ryan H 3,812]

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