CR-1/IR-1 date for Online Marriage? Also a couple of other questions

[Jimmyzr1 36]

We got married Online in December, consummated marriage in March, filed paperwork in April, which date would be used for determining if we receive a 2-year or 10-year Green Card. We're really wanting to avoid going through another step further down the road if possible. Do they count from interview date or date of entry into the US?  If we need to delay a month or two at NVC stage is that pretty easy?

 

Another question we have is, Wife used her previous name at time of marriage, we submitted our petition using that name, now she has changed her name on her Passport to my last name. We should be to NVC stage in a couple of months, should we upload the new Passport in our list name at this time? Also, should we start listing everything with the new last name, even though we went through the USCIS stage with prior name?

 

Do we need to do a Ds-260 for her 13-14 year old son separately as well?

 

Thanks for the help!

 

 

[Crazy Cat 41,426]

23 minutes ago, Jimmyzr1 said:

which date would be used for determining if we receive a 2-year or 10-year Green Card.

If the date the new immigrant enters the US (becomes a legal resident) via a spousal visa is 2 years or later after date of marriage, a 10 year card should be issued. 

Edited March 9, 2023 by Crazy Cat

[top_secret 2,336]

 

On 3/8/2023 at 4:07 PM, Jimmyzr1 said:

Another question we have is, Wife used her previous name at time of marriage, we submitted our petition using that name, now she has changed her name on her Passport to my last name. We should be to NVC stage in a couple of months, should we upload the new Passport in our list name at this time? Also, should we start listing everything with the new last name, even though we went through the USCIS stage with prior name?

Start using her married name on everything.  NVC will ask her to list ALL the names she has ever used anyways so she will still have a place for her maiden name.  You saved yourselves a lot of time and trouble by getting her passport changed sooner rather than later since it will result in her visa, green card, social security card and every other US document based on those documents all being correct in her desired married name.

 

On 3/8/2023 at 4:07 PM, Jimmyzr1 said:

Do we need to do a Ds-260 for her 13-14 year old son separately as well?

You did file a separate I-130 for the child, right(????)   They are two totally separate cases so yes there is also a separate DS-260 and all the other required documents at NVC.  NVC should (hopefully) link the two separate cases so they interview together.

[Jimmyzr1 36]

1 hour ago, top_secret said:

 

Start using her married name on everything.  NVC will ask her to list ALL the names she has ever used anyways so she will still have a place for her maiden name.  You saved yourselves a lot of time and trouble by getting her passport changed sooner rather than later since it will result in her visa, green card, social security card and every other US document based on those documents all being correct in her desired married name.

 

You did file a separate I-130 for the child, right(????)   They are two totally separate cases so yes there is also a separate DS-260 and all the other required documents at NVC.  NVC should (hopefully) link the two separate cases so they interview together.

Yes, I filed a separate I-130 for her son, hopefully I didn't make any mistakes on either I-130 except for the date marriage ended, which I accidentally put on both I-130's. I put the date my previous marriage ended by mistake.

I think I had changed positions of marriages and didn't notice my mistake. Hoping that doesn't end up causing a problem.

[top_secret 2,336]

7 minutes ago, Jimmyzr1 said:

Yes, I filed a separate I-130 for her son, hopefully I didn't make any mistakes on either I-130 except for the date marriage ended, which I accidentally put on both I-130's. I put the date my previous marriage ended by mistake.

Just had to double check about the child since the question only referenced NVC. 🙂 There have been a few cases where people thought kids just get added in at NVC as a derivative and got a rude awakening when they discovered otherwise. 

 

I think  the "date marriage ended" thing is a long standing flaw in the online I-130 application itself where what the question it asks, and what it fills in the I-130, don't agree.  I'd guess they probably see a lot of "date marriage ended" discrepancies on that specific question since their online application is flawed.  I suspect they are used to it.  I haven't heard of a RFE over that issue.

[pushbrk 12,703]

The DS 260 is a visa application, so each person applying for a visa pays the fee and submits the application.  Also medical and interview.

[Chancy 6,239]

On 3/8/2023 at 6:07 PM, Jimmyzr1 said:

which date would be used for determining if we receive a 2-year or 10-year Green Card.

 

USCIS will compare the wedding date listed on your marriage certificate vs the date of first US entry with the immigrant visa.  If 1st US entry date is after your 2nd wedding anniversary, your wife and son will be entitled to 10-year green cards.  If USCIS makes a mistake and sends 2-year GCs instead, file I-90 for free to get the GCs replaced due to USCIS error.

 

[Jimmyzr1 36]

1 minute ago, Chancy said:

 

USCIS will compare the wedding date listed on your marriage certificate vs the date of first US entry with the immigrant visa.  If 1st US entry date is after your 2nd wedding anniversary, your wife and son will be entitled to 10-year green cards.  If USCIS makes a mistake and sends 2-year GCs instead, file I-90 for free to get the GCs replaced due to USCIS error.

 

Thank you very much for your advice!