Should we apply for a CR1 or an IR1?

[Mercedeslorry 0]

My husband and I got married in November of 2020. We now finally have enough money and evidence to apply for the visa. However, we were wondering which visa is better for us to apply for - The CR1 or the IR1? DOes it make a difference?

 

Thank you

[powerpuff 6,744]

The category is automatic: married less that 2 years = CR1, married 2 years or more = IR1. IR1 means you will get a 10 year GC after you enter the US (as opposed to a 2 year conditional one for CR1 applicants) which means you will be avoiding the dreadful removal of conditions process.

Edited July 22, 2023 by powerpuff
Clarity

[h02ejmajja 57]

You don't apply for either - you just submit off the I-130 for your spouse -- the visa you get is based on the length of marriage when your spouse enters the US. I hope you haven't waited all this time thinking it was based on length of marriage at time of petition!

 

[Crazy Cat 41,984]

44 minutes ago, Mercedeslorry said:

My husband and I got married in November of 2020. We now finally have enough money and evidence to apply for the visa. However, we were wondering which visa is better for us to apply for - The CR1 or the IR1? DOes it make a difference?

 

Thank you

Be VERY thankful that you will avoid the I-751 Removal of Conditions....be VERY thankful!!

[Sammy_2496 116]

You will automatically get the IR1 since you have been married for over two years. 

[pushbrk 12,995]

2 hours ago, h02ejmajja said:

You don't apply for either - you just submit off the I-130 for your spouse -- the visa you get is based on the length of marriage when your spouse enters the US. I hope you haven't waited all this time thinking it was based on length of marriage at time of petition!

 

Correction.  The visa is issued based on the length of marriage at the time it's issued.  The status granted upon entry is also based on length of marriage.  You can enter with a CR1 visa, AFTER the second anniversary and receive  IR1 status.

 

Irrelevant in this case, as the couple will be IR1 all the way, as they married mor than two years prior to NOW.

 

[manyfudge 291]

Where do you live?

 

US citizen spouse?

Non citizen spouse?

[HandmadeTurnip 150]

I'm honestly surprised that in the 2+ years you've been preparing to file the I-130, you haven't come across the differences between CR-1 and IR-1. Also, there are some discrepancies in your post history as you previously said you got married in October 2020, not November. Make sure your husband knows the correct date when it comes time for his interview.

 

But to answer your question (and as others have already said), you don't choose which one to apply for, it's automatic. Your husband will be issued an IR-1 visa as you've already been married for two years.

Edited July 23, 2023 by HandmadeTurnip