Entering US 2 weeks before CR1 visa expires

[shefuk1 7]

I have my CR1 visa interview next month. Planning ahead, I am thinking about entering the US just two weeks before the CR1 visa expires so it would convert to an IR1 (ie entering 5 months, 2 weeks after my medical, so in August) .

 

Has anyone had similar experiences please? Did you encounter any problems at the PoE? Would you recommend this?

 

Thanks

[Crazy Cat 41,440]

Will you be married for 2 years or longer on the day you enter the US?  As long as you enter on or before the visa expiration date, you will be fine to enter.

[shefuk1 7]

Just now, Crazy Cat said:

Will you be married for 2 years or longer on the day you enter the US?  As long as you enter on or before the visa expiration date, you will be fine to enter.

Yes, it will be 2 years + 1 day.

 

I just wondered with it being so close to the visa expiry date whether this would cause me issues. Thank you

[Crazy Cat 41,440]

Just now, shefuk1 said:

Yes, it will be 2 years + 1 day.

 

I just wondered with it being so close to the visa expiry date whether this would cause me issues. Thank you

I would mention to the CBP officer that "I'm entering after 2 years of marriage.  I should get a 10 year Green Card".  You could enter on the date of visa expiration, and it wouldn't cause a problem.  Good Luck!! 

[shefuk1 7]

Good to know, thanks!

[Chancy 6,240]

25 minutes ago, shefuk1 said:

Has anyone had similar experiences please? Did you encounter any problems at the PoE? Would you recommend this?

 

This VJ member entered the US on the day of her CR1 visa expiry --

 

[TBoneTX 44,913]

As stated in the cited thread, leaving on THE last day of visa validity can be risky if your flights are delayed.  A 2-week cushion is fine.  It will save you time and money to get an IR-1 designation.

[Vickys_Mom 222]

Your plans include the possibility that the embassy may not immediately issue a visa, right?

 

Allow for the possibility that Administrative Processing may delay your visa.

 

Regards,

Vicky's Mom

 

[Timona 4,206]

I would not enter 1 day after anniversary. I'll move it 3 days. 

 

USCIS systems doesn't respect timezones. 

[Sarah&Facundo 594]

In regards to the expiration date, we entered the day before it expired. 😂

Granted, it was a K1 but still the same idea applies. No issues at all!

I definitely recommend waiting until it converts to an IR1. ROC isn't too fun.

Edited February 10, 2023 by Sarah&Facundo

[Noname93 197]

11 hours ago, Timona said:

I would not enter 1 day after anniversary. I'll move it 3 days. 

 

USCIS systems doesn't respect timezones. 

I agree with that. I'd hate to go through all that trouble just for uscis to give you a 2 year card because of a technicality like timezones. Just like you should always wait until a day or two after you can apply for ROC or citizenship

[shefuk1 7]

13 hours ago, Vickys_Mom said:

Your plans include the possibility that the embassy may not immediately issue a visa, right?

 

Allow for the possibility that Administrative Processing may delay your visa.

 

Regards,

Vicky's Mom

 

I think it's unlikely for us and our circumstances, but I'll never say never. Also our US Embassy historically doesn't have the AP black-hole like some do. A delay of up to 5 months however won't be a problem; the average is 1 week here I have read on VJ

 

9 minutes ago, Noname93 said:

I agree with that. I'd hate to go through all that trouble just for uscis to give you a 2 year card because of a technicality like timezones. Just like you should always wait until a day or two after you can apply for ROC or citizenship

Thanks, but I'm confused why timezones make a difference? Please could you elaborate? We got married on the 19th July (it was the 19th July in the US too) and are planning to leave our country on the 20th July (+ 2 years) and enter the US on the evening of 20th July. That's clearly a day after?

 

Edited February 10, 2023 by shefuk1

[shefuk1 7]

14 hours ago, Chancy said:

 

This VJ member entered the US on the day of her CR1 visa expiry --

 

Really useful, thanks. Wonder if her delay in Secondary was related to it being the last day? Just for stopover planning!

Edited February 10, 2023 by shefuk1

[Dashinka 24,244]

3 hours ago, shefuk1 said:

I think it's unlikely for us and our circumstances, but I'll never say never. Also our US Embassy historically doesn't have the AP black-hole like some do. A delay of up to 5 months however won't be a problem; the average is 1 week here I have read on VJ

 

Thanks, but I'm confused why timezones make a difference? Please could you elaborate? We got married on the 19th July (it was the 19th July in the US too) and are planning to leave our country on the 20th July (+ 2 years) and enter the US on the evening of 20th July. That's clearly a day after?

 

In general, USCIS IT systems seem to have issues with timezones.  This has come up with people filing the N400 form online almost immediately after their 90 day filing window opened (i.e. 12:01 am), and found out at the interview that USCIS thought they applied 1 day to early.  The recommendation by @Timona and @Noname93 are related to the potential that some system within USCIS will show you entered a day before your CR1 would convert to an IR1, so it is best to give it a couple day cushion especially since you are dealing with CBP and USCIS systems needing to talk to each other properly.

 

Regardless, your plan is sound and as others have said, it is a good idea to avoid the I751 if it is possible particularly since the fees are scheduled to increase significantly on that form in the near future.  With a 2 week cushion, you should be fine, but consider waiting another day or two after your 2 yr wedding anniversary..

 

Good Luck!

[iwannaplay54 985]

18 hours ago, shefuk1 said:

I have my CR1 visa interview next month. Planning ahead, I am thinking about entering the US just two weeks before the CR1 visa expires so it would convert to an IR1 (ie entering 5 months, 2 weeks after my medical, so in August) .

 

Has anyone had similar experiences please? Did you encounter any problems at the PoE? Would you recommend this?

 

Thanks

We entered about two days before a visa expired.  They dont care.  In our case we were waiting for the end of the school year. 
As others have said, suggest to give yourself a couple extra days after the anniversary.  What you want to do is smart, ROC is tedious. 
I would never suggest waiting until the last day.  One delayed layover would really create an issue.  Paperwork you really dont need.

Edited February 10, 2023 by iwannaplay54