Is it better to wait and enter the US or does it not matter now?

[Ahoy01 31]

Hello All!

 

So I recently had my interview, and was approved. I got my passport back with my visa printed in it. At the time of my interview I was married less then 2 years, hence my visa says CR-1. However our 2 year anniversary is coming up soon.

 

I read online if I enter the US after our 2 year anniversary the green card will be issued as IR-1 and we can skip the whole process of removing conditions (even if the visa was issued under CR-1). Is this correct? If so is there any steps we have to take during the entry to the US or even after to ensure it is IR-1?

 

Thank you!

 

[Elrona 101]

Just enter after 2 year anniversary and mention to the CBP officer that you have passed the 2 year limit. And if your GC still comes with CR instead IR, you can change it with no fee. If your 2nd anniversary isn't too far away, I would just wait for it. You will save money, time and nerves 😃

[Ahoy01 31]

16 minutes ago, Elrona said:

Just enter after 2 year anniversary and mention to the CBP officer that you have passed the 2 year limit. And if your GC still comes with CR instead IR, you can change it with no fee. If your 2nd anniversary isn't too far away, I would just wait for it. You will save money, time and nerves 😃

 

Thank you very much! In  fact my anniversiy is so close that it gives me enough time to tie up my affairs in canada and then head out. 

 

My only concern is, am I the mercy of IO to know this rule. Because if they dont know it, am I stuck to CR-1, or is this sort of a "hard" rule that even if the CBP officer does not know USCIS will know and correct it later?

[Elrona 101]

Just now, Ahoy01 said:

 

Thank you very much! In  fact my anniversiy is so close that it gives me enough time to tie up my affairs in canada and then head out. 

 

My only concern is, am I the mercy of IO to know this rule. Because if they dont know it, am I stuck to CR-1, or is this sort of a "hard" rule that even if the CBP officer does not know USCIS will know and correct it later?

As far as I've read from the forum, they do know that rule fairly well. There have even been cases where its been told to the immigrant "if you had waited a bit more, you could have gotten IR instead of CR". 

[Crazy Cat 41,881]

7 minutes ago, Ahoy01 said:

 

Thank you very much! In  fact my anniversiy is so close that it gives me enough time to tie up my affairs in canada and then head out. 

 

My only concern is, am I the mercy of IO to know this rule. Because if they dont know it, am I stuck to CR-1, or is this sort of a "hard" rule that even if the CBP officer does not know USCIS will know and correct it later?

No, you are not.  The CBPO doesn't print your card.....They are familiar with the 2 year rule...

 

8 minutes ago, Elrona said:

As far as I've read from the forum, they do know that rule fairly well. There have even been cases where its been told to the immigrant "if you had waited a bit more, you could have gotten IR instead of CR". 

My wife was told that by the CBPO.

[mrmvkjts 459]

3 minutes ago, missileman said:

No, you are not.  The CBPO doesn't print your card.....They are familiar with the 2 year rule...

 

My wife was told that by the CBPO.

Even at the Interview I was told to rather wait because it would be better for us. 

Yet we decided that I fly out before our 2 nd anniversary! 

Edited November 24, 2018 by mrmvkjts

[geowrian 22,337]

Is it possible the CBP office makes a mistake? Yes. In that case you would file an I-90 to fix it (no charge due to error).

 

You could also bring your marriage certificate as evidence it's been 2+ years of marriage at the time of entry.

[Jaret&Rachael 106]

1 hour ago, Ahoy01 said:

Hello All!

 

So I recently had my interview, and was approved. I got my passport back with my visa printed in it. At the time of my interview I was married less then 2 years, hence my visa says CR-1. However our 2 year anniversary is coming up soon.

 

I read online if I enter the US after our 2 year anniversary the green card will be issued as IR-1 and we can skip the whole process of removing conditions (even if the visa was issued under CR-1). Is this correct? If so is there any steps we have to take during the entry to the US or even after to ensure it is IR-1?

 

Thank you!

 

I recently had this question as well!

Your date of entry to the United States with your issued spousal visa is what determines your type of residency you receive. If you enter the USA after the 2 year anniversary of your marriage, you'll be issued a 10 year green card/ permanent residency! So just be patient!!!

So excited for you! We send our I-130 package out next week!

[pushbrk 12,888]

8 hours ago, Ahoy01 said:

 

Thank you very much! In  fact my anniversiy is so close that it gives me enough time to tie up my affairs in canada and then head out. 

 

My only concern is, am I the mercy of IO to know this rule. Because if they dont know it, am I stuck to CR-1, or is this sort of a "hard" rule that even if the CBP officer does not know USCIS will know and correct it later?

A "mistake" can happen at the border OR at USCIS, but you are not "stuck".  It can be corrected.  Make the decision that best fits your own priorities.

[Ahoy01 31]

Thank you for all the responses. Maybe just to wait it out.

[Ahoy01 31]

On 11/24/2018 at 9:39 AM, Jaret&Rachael said:

I recently had this question as well!

Your date of entry to the United States with your issued spousal visa is what determines your type of residency you receive. If you enter the USA after the 2 year anniversary of your marriage, you'll be issued a 10 year green card/ permanent residency! So just be patient!!!

So excited for you! We send our I-130 package out next week!

Good luck with your I-130. It has felt like a long journey for us. The only advice is be patient, and don't get to anxious about it. I dont know, if they are easy on Canadian during the interviews. But it was straight forward, no trick questions. It almost felt like they just want to talk to you to just make sure you are not insane, and are curious about basic facts of how you met. Any real couple will have no issues.

 

[Ontarkie 14,225]

~~Hijack post removed. Please start your own thread for any questions.~~

[pushbrk 12,888]

On 11/24/2018 at 9:53 AM, Ahoy01 said:

 

Thank you very much! In  fact my anniversiy is so close that it gives me enough time to tie up my affairs in canada and then head out. 

 

My only concern is, am I the mercy of IO to know this rule. Because if they dont know it, am I stuck to CR-1, or is this sort of a "hard" rule that even if the CBP officer does not know USCIS will know and correct it later?

The first reply told you that it can be corrected for no fee.  Cross that bridge if you come to it.