CR-1 to IR-1 change in CEAC portal after two years of marriage?

[n.samuraibear 20]

On 9/13/2024 at 9:52 PM, Crazy Cat said:

It doesn't matter if it changes or not.  It doesn't even matter if the CBP officer stamps "CR-1" in the passport at POE.  The 2 year vs 10 year card will be determined by USCIS using your marriage certificate and entry date. 

Is it applied mechanically or with some human discretion and judgment?

Simply, if someone enters 1 day before or on the 2nd anniversary day, do they get automatically get CR1? And on the flip side, if they enter 1 day after the 2nd anniversary, do they get IR1 (barring any clerical errors)?

[Crazy Cat 41,806]

9 minutes ago, n.samuraibear said:

Is it applied mechanically or with some human discretion and judgment?

Simply, if someone enters 1 day before or on the 2nd anniversary day, do they get automatically get CR1? And on the flip side, if they enter 1 day after the 2nd anniversary, do they get IR1 (barring any clerical errors)?

To my knowledge, there is no discretion.  I would not cut it that close.  In our case, wife entered 30 days prior to 2nd anniversary.

[Dashinka 24,478]

On 9/16/2024 at 1:01 PM, ItsMeTom said:

@pushbrk I need one more advise, please. I need to book my biometrics, should I book that as IR-1 visa class (as that is what it should be now) or should I book it as CR-1 (the one that is still mentioned in CEAC/NVC portal)? Appreciate your help!

Are you talking about the medical examination?  I have not heard of a consulate requirement for biometrics.  Regardless if you have a choice, choose IR1.

[n.samuraibear 20]

13 hours ago, Crazy Cat said:

To my knowledge, there is no discretion.  I would not cut it that close.  In our case, wife entered 30 days prior to 2nd anniversary.

But that's my point. If there is no discretion or human judgement, there should be no cutting close. It's either one or the other based on a concrete date right? Thank you for sharing your experience though, it's very helpful!

[OldUser 6,602]

11 minutes ago, n.samuraibear said:

But that's my point. If there is no discretion or human judgement, there should be no cutting close. It's either one or the other based on a concrete date right? Thank you for sharing your experience though, it's very helpful!

The point is to make the entry clear as day and night. Either enter few days before 2 year anniversary or few days after. Don't make it a law exam question for CBP and USCIS by entering one day before, one dah after or on the day. Airline staff who looked at my I-751 extension letter couldn't add 48 months to my GC expiration date.

 

Edited September 20 by OldUser

[Crazy Cat 41,806]

8 hours ago, n.samuraibear said:

It's either one or the other based on a concrete date right?

It is.  My wife received a 2 year card, btw.

[mam521 2,056]

5 hours ago, Crazy Cat said:

It is.  My wife received a 2 year card, btw.

Second verification of it being concrete. 

 

We entered the day after our second anniversary and I was issued a 10 year, IR-1 greencard.  Kid1 also got a 10 year, IR-2 but Kid2 had a clerical error.  We filed the I-90 and it was changed, no questions asked, to a 10 year, IR-2 greencard.