Adjustment of status

[Jamify 0]

My husband was approved recently for his CR1 visa and is making plans to come to the US in the next few weeks. I know that the CR1 visa is for those that have been married for less than two years and the IR1 is for those who have been married for at least two years or more. Our two year wedding anniversary is in a few months. My question is since our wedding anniversary is in a few months, how long do we have to wait to adjust his status? 

[Dashinka 24,765]

The difference between the CR1 and IR1 is determined upon entry into the US with a valid spousal visa.  If your husband enters the US after your two year wedding anniversary then he will (or should, sometimes there are mistakes) get a 10 year GC even if the visa in his passport shows CR status.  I think you may be confusing AOS with Removal of Conditions (ROC) as there is no AOS for someone with a spousal visa (CR1 or IR1), so if your husband enters the US before your two year wedding anniversary he should get a 2 year GC and he will have to file for ROC in two years upon entry (when his GC was activated) less 90 days.  Honestly, if I were in your position with your two year wedding anniversary being only a few months away (I am assuming less than 6 months), I would think about timing your husband's arrival until after the two year anniversary to avoid having to complete the ROC.

 

Good Luck!

[pushbrk 13,097]

13 minutes ago, Dashinka said:

The difference between the CR1 and IR1 is determined upon entry into the US with a valid spousal visa.  If your husband enters the US after your two year wedding anniversary then he will (or should, sometimes there are mistakes) get a 10 year GC even if the visa in his passport shows CR status.  I think you may be confusing AOS with Removal of Conditions (ROC) as there is no AOS for someone with a spousal visa (CR1 or IR1), so if your husband enters the US before your two year wedding anniversary he should get a 2 year GC and he will have to file for ROC in two years upon entry (when his GC was activated) less 90 days.  Honestly, if I were in your position with your two year wedding anniversary being only a few months away (I am assuming less than 6 months), I would think about timing your husband's arrival until after the two year anniversary to avoid having to complete the ROC.

 

Good Luck!

Good explanation.  What to do would depend on the couple's own priorities.

[Dashinka 24,765]

35 minutes ago, pushbrk said:

Good explanation.  What to do would depend on the couple's own priorities.

Agreed, every situation has to be decided by those impacted directly and as you said their own priorities.  Since the OP was vague on the dates of when the visa was issued and when the date of the wedding anniversary occurs, it is only speculation on my part that timing of the entry of the husband to avoid ROC is even an option.

[Jamify 0]

1 hour ago, Dashinka said:

The difference between the CR1 and IR1 is determined upon entry into the US with a valid spousal visa.  If your husband enters the US after your two year wedding anniversary then he will (or should, sometimes there are mistakes) get a 10 year GC even if the visa in his passport shows CR status.  I think you may be confusing AOS with Removal of Conditions (ROC) as there is no AOS for someone with a spousal visa (CR1 or IR1), so if your husband enters the US before your two year wedding anniversary he should get a 2 year GC and he will have to file for ROC in two years upon entry (when his GC was activated) less 90 days.  Honestly, if I were in your position with your two year wedding anniversary being only a few months away (I am assuming less than 6 months), I would think about timing your husband's arrival until after the two year anniversary to avoid having to complete the ROC.

 

Good Luck!

Thanks for the advice. He was also advised by a few people who are now in the US to just wait until after the two year wedding anniversary to come over but see it’s 2021 and we have not seen each other since 2019 due to some factors and he is so anxious to come over. If he has to get a two year green card then I believe we will be ok until it’s time to remove conditions. 

[Dashinka 24,765]

2 minutes ago, Jamify said:

Thanks for the advice. He was also advised by a few people who are now in the US to just wait until after the two year wedding anniversary to come over but see it’s 2021 and we have not seen each other since 2019 due to some factors and he is so anxious to come over. If he has to get a two year green card then I believe we will be ok until it’s time to remove conditions. 

Yes, the final decision as to the timing of his US entry is entirely up to you within the validity period of the visa.

 

Good Luck!

[Timona 4,208]

9 hours ago, Jamify said:

Thanks for the advice. He was also advised by a few people who are now in the US to just wait until after the two year wedding anniversary to come over but see it’s 2021 and we have not seen each other since 2019 due to some factors and he is so anxious to come over. If he has to get a two year green card then I believe we will be ok until it’s time to remove conditions. 

 

When is your 2 year anniversary? Which month, that is.

See, ROC is headache and $$. It is not free. If you have survived for 2 years without each other's warmth, then surely, you can survive for the "few" months that you mentioned. I would rather take that than lose warmth during ROC headache and USCIS debacles. Additionally, COVID created a backlog. So most likely, your ROC will be added to this backlog when the time comes. Even getting a receipt, which used to be 1 month pre-COVID, is now 3 moths plus.

 

[retheem 568]

13 hours ago, Jamify said:

My husband was approved recently for his CR1 visa and is making plans to come to the US in the next few weeks. I know that the CR1 visa is for those that have been married for less than two years and the IR1 is for those who have been married for at least two years or more. Our two year wedding anniversary is in a few months. My question is since our wedding anniversary is in a few months, how long do we have to wait to adjust his status? 

Does your 2 yr anniversary end within the 6 month visa validity? If so, wait until the date after your 2 yr anniversary to fly over. You will have an IR1.

 

11 hours ago, Jamify said:

Thanks for the advice. He was also advised by a few people who are now in the US to just wait until after the two year wedding anniversary to come over but see it’s 2021 and we have not seen each other since 2019 due to some factors and he is so anxious to come over. If he has to get a two year green card then I believe we will be ok until it’s time to remove conditions. 

I don't know about you, but would you want to spend extra $$ for something which is very avoidable?