Transitioning from CR1 to IR1 while waiting for interview

[Nau 1]

Hello everyone,

 

I applied for CR1 for my wife who has since been through NVC and gotten DQ'd some months back. We are now awaiting the embassy to open for our interview. In the meantime, we have now (just by tomorrow, in fact) will have our 2 year anniversary. Does this mean our application transitions from CR1 to an IR1? Do we have to do anything for this? Should I contact NVC, etc? What is the process for the transition?

 

Thank you!

[payxibka 10,045]

18 minutes ago, Nau said:

Hello everyone,

 

I applied for CR1 for my wife who has since been through NVC and gotten DQ'd some months back. We are now awaiting the embassy to open for our interview. In the meantime, we have now (just by tomorrow, in fact) will have our 2 year anniversary. Does this mean our application transitions from CR1 to an IR1? Do we have to do anything for this? Should I contact NVC, etc? What is the process for the transition?

 

Thank you!

It happens automagically.   You need do nothing. 

[Mike E 11,739]

I don't know if the visa category changes from CR1 to IR1. But your wife doesn't become a lawful permanent resident until she enters a US-CBP port of entry. And so the date of entry into the USA is the date used for whether the green card will be a 2 year or 10 year green card. 

 

 

 

 

 

[payxibka 10,045]

11 minutes ago, Mike E said:

I don't know if the visa category changes from CR1 to IR1. 

 

Of course it does, otherwise there would not be separate categories based on the age of the marriage at time of issuance

[Nau 1]

Ok, so from what I'm understanding, the distinction doesn't matter until the point where she enters the country. If she enters the country after 2 years, she will automatically be a non-conditional permanent resident. Regardless of what distinction our application process went through. Correct?

[payxibka 10,045]

1 minute ago, Nau said:

Ok, so from what I'm understanding, the distinction doesn't matter until the point where she enters the country. If she enters the country after 2 years, she will automatically be a non-conditional permanent resident. Regardless of what distinction our application process went through. Correct?

Bingo 

[Crazy Cat 41,844]

29 minutes ago, Nau said:

Ok, so from what I'm understanding, the distinction doesn't matter until the point where she enters the country. If she enters the country after 2 years, she will automatically be a non-conditional permanent resident. Regardless of what distinction our application process went through. Correct?

Correct.  The visa designation, itself, is irrelevant.  The conditional vs non-conditional card decision is made after POE (based strictly on length of marriage at the time of entry into the US).

[JFH 12,190]

Four years ago I found myself in the same situation. Our second wedding anniversary occurred whilst our file was at the NVC. I did receive a letter from the NVC to say that the category had changed from CR-1 to IR-1 but it was a very brief, template-style letter. The process is still exactly the same. I got a 10-year green card in the mail after I arrived. I didn’t have to “do” anything beyond the usual requirements. 

[R1CH1991 247]

I can confirm it changes on CEAC automatically. The day before our 2 year anniversary it said CR1 the following day it auto changed to IR1 without any email or notice. 

Hope this helps

[HRQX 4,145]

2 hours ago, Nau said:

If she enters the country after 2 years, she will automatically be a non-conditional permanent resident.

Yes. Her visa should be IR-1. Even if she somehow gets CR-1 by mistake, CBP should correct it to IR-1.

 

8 C.F.R. § 235.11(b): "Correction of endorsement on immigrant visa. If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible."

Edited October 21, 2020 by HRQX

[retheem 564]

9 hours ago, Nau said:

Hello everyone,

 

I applied for CR1 for my wife who has since been through NVC and gotten DQ'd some months back. We are now awaiting the embassy to open for our interview. In the meantime, we have now (just by tomorrow, in fact) will have our 2 year anniversary. Does this mean our application transitions from CR1 to an IR1? Do we have to do an ything for this? Should I contact NVC, etc? What is the process for the transition?

 

Thank you!

they will transition it. You don't have to do anything

[Nau 1]

Great!

 

Thanks so much for the first hand feedback guys. I appreciate it!

[Ryan H 3,812]

If by some chance your wife were to be issued the wrong card, you would file an I-90 with no fee to have the correct one issued.

[Nau 1]

20 hours ago, Ryan H said:

If by some chance your wife were to be issued the wrong card, you would file an I-90 with no fee to have the correct one issued.

That's great to know. Thank you!

 

So I just checked my CEAC application portal and it says IR1 already. Glad it was automated and I didn't have to do anything!

 

Thanks everyone for the feedback, now I just wait for the embassy to open and issue am interview date!

[Sibtain 1]

Hi Nau,

 

My wife is also waiting for her visa interview. When did she got DQ?