Ir1 and 2 years marriage timeframe

[Imranrupa47 0]

I have been married to a US citizen since one and half years. We applied for Cr-1 visa. Currently we are in nvc stage. My initial thought is when I will be entering in US and if it's been 2 years of our marriage then I would be automatically eligible for Ir1 green card. But now i am hearing it will be 2 years of our marriage time counting when I will be due to  my consulate interview time. Which one is correct? I got a suggestion to delay my process ( submitting civil documents) so that when my consulate interview date will be due my marriage is already been 2 years.

[Chancy 6,243]

1 hour ago, Imranrupa47 said:

Which one is correct?

 

What matters is the date of US entry.  To get a 10-year green card, enter the US with your spouse visa after your 2nd wedding anniversary, even if your interview was before your 2nd anniversary and you were issued a CR1 visa.  If USCIS makes a mistake and issues a 2-yr GC, you can have it corrected for free by filing form I-90.

 

[Crazy Cat 42,473]

5 hours ago, Imranrupa47 said:

I have been married to a US citizen since one and half years. We applied for Cr-1 visa. Currently we are in nvc stage. My initial thought is when I will be entering in US and if it's been 2 years of our marriage then I would be automatically eligible for Ir1 green card. But now i am hearing it will be 2 years of our marriage time counting when I will be due to  my consulate interview time. Which one is correct? I got a suggestion to delay my process ( submitting civil documents) so that when my consulate interview date will be due my marriage is already been 2 years.

I don't know where you are hearing misinformation, but I'm sure it isn't here on VJ.  The fact is that if you are married for 2 years or more as of the day you ENTER THE US, you should receive a 10 year green card.  Good luck...

[JeanneAdil 6,677]

Never delay an interview with any immigration office 

married over 2 years when you enter 10 year card

even at interview if under 2 years and visa is marked CR1 '/  if you enter after the 2 year anniversary ,  it will be changed to IR1 

[Dashinka 24,846]

I agree with the above responses.  My only addition is if your visa is issued before your 2nd wedding anniversary (CR1), but you enter the US after your 2nd wedding anniversary, sometime CBP at time of entrance to the US does not catch it, so don’t hesitate to remind the CBP officer that you have been married for two years if that is indeed the case when you enter.

 

Good Luck!

[HRQX 4,145]

17 hours ago, Imranrupa47 said:

My initial thought is when I will be entering in US and if it's been 2 years of our marriage then I would be automatically eligible for Ir1 green card.

Your initial thought is correct. See 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."

 

But sometimes CBP and/or USCIS makes mistake. In that case, you have to file a I-90 and check (D) as the reason for submitting (My existing card has incorrect data because of Department of Homeland Security error). That filing reason is free to file.

[SteveInBostonI130 3,489]

What confuses people is the difference between a visa and the lawful residence status.  The visa, if interviewed and issued before your 2nd wedding anniversary, will be CR1.  But your resident status is dependent on when you enter the US, regardless of the visa.  If you enter the US after your 2nd wedding anniversary, even with a CR1 visa, you gain immediate relative (IR) status and a 10 yr green card.  

 

Your CR1/IR1 visa is good for 6 months from the date of your medical.  Based on the information you provided, you can delay your travel to the US to get IR1 status.  But don't delay your interview.

 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.