Can CR1 change to IR1 with a long enough wait?

[DK999 14]

I have a theoretical question based on how long it's already taken just waiting for USCIS to approve our I-130 (about 50 weeks now). If we waited so long that we had in fact been married two years by the time they issued the visa, would they grant us an IR1 visa instead of a CR1?

 

Now for the brief rant: is this the longest it's ever taken for I-130's? With the pieces of data from this forum, whatsapp groups, etc, it seems like it's just getting worse and worse. The opacity of the process and the fact that it takes ONE YEAR to say "yep this marriage is real" is insane. Okay, rant over. Thanks for reading. 

[nastra30 2,287]

18 minutes ago, DK999 said:

If we waited so long that we had in fact been married two years by the time they issued the visa, would they grant us an IR1 visa instead of a CR1?

Yes. If the marriage is 2+ years by the time spouse is admitted into the US, USCIS is required to issue a 10 year greencard.

[nastra30 2,287]

22 minutes ago, DK999 said:

 

Now for the brief rant: is this the longest it's ever taken for I-130's?

Covid upended everything. 

[pushbrk 12,883]

To be clear, nothing will "change".  They will simply issue the appropriate visa when the time comes.  You only THINK you are chasing a CR1 visa, but in reality you are chasing an immigrant visa for the spouse of a US Citizen.  That said, if they issue a CR1 visa and you enter the USA after the 2nd anniversary, you will receive IR1 status and a 10 year green card anyway.

[Mike E 11,739]

4 hours ago, DK999 said:

 . If we waited so long that we had in fact been married two years by the time they issued the visa, would they grant us an IR1 visa instead of a CR1?

Yes.  You want them to to do this too.  I-751 is hell.  
 

In fact while they will still issue an CR-1 if your are married  between 18 months and 24 months (less a day)  at the time of medical and interview, because you have 6 months to use the visa, you will want to wait until two years of marriage to enter USA.
 

 I call this a ghetto IR-1.  

 

Ghetto IR-1s are CR-1s that qualify for 10 year green cards.  

Quote

 

Now for the brief rant: is this the longest it's ever taken for I-130's?

no. 

Quote

 

With the pieces of data from this forum, whatsapp groups, etc, it seems like it's just getting worse and worse. The opacity of the process and the fact that it takes ONE YEAR to say "yep this marriage is real" is insane. Okay, rant over. Thanks for reading. 

Yes it is getting worse.  

Edited December 1, 2022 by Mike E