CR-1/IR-1 Questions and Tourist Travel After NOA2/Interview?

[Pat2014 2]

Hello everyone,

 

My wife and I are about halfway through our projected timeline (NOA1 July 2024) for our I-130.  This forum has been very helpful, and I'm hoping it can answer one clarifying question and then one random question.

Clarifying question: is the issuance of a CR-1 versus IR-1 based on the date of the interview at the embassy, or the interview at the border entry point?  For example, let's say we married in April of 2024, and the embassy interview is December 2025 (20 months of marriage).  Does that mean regardless of when my spouse enters the country, she'd be on a CR-1 (<2 years of marriage at embassy interview), or if she waited to enter until April of 2026 she'd get a IR-1 (>2 years of marriage at border entry point interview)?

Random question: would it be possible for a spouse to visit with an approved immigration visa and choose not to use it?  For example, interview complete and green card issued (which expires in 6 months after the interview).  She wants to visit for a few months before returning to her home country to finalize the move, then officially immigrate with the green card.  Is that allowed, or does she have to use the green card and get it stamped upon entry?  This would be after the entire process is complete, not during the NOA1 waiting period.

Thanks!

[OldUser 8,784]

49 minutes ago, Pat2014 said:

Random question: would it be possible for a spouse to visit with an approved immigration visa and choose not to use it?  For example, interview complete and green card issued (which expires in 6 months after the interview).  She wants to visit for a few months before returning to her home country to finalize the move, then officially immigrate with the green card.  Is that allowed, or does she have to use the green card and get it stamped upon entry?  This would be after the entire process is complete, not during the NOA1 waiting period.

Thanks!

Almost impossible to pull off.

The good news is, once she enters on immigrant visa, she get it endorsed and it's valid for 1 year for travel.

[S2N 80]

Visa is based on date of interview.

 

Class of admission at POE is a grey area: some CBP officers say it’s based on visa, but if you ask nicely they might note IR-1 over CR-1 to make it less confusing to USCIS if it’s been over 2 years at the POE and they enter IR-1. Others default to the date of marriage since that’s what USCIS uses. It really is an officer-by-officer thing what they enter into the computer. I would ask it be noted IR-1 if she enters after the 2-year anniversary, though to make it less confusing for USCIS. If CBP refuses, not the worst thing in the world, though.

 

10-year green card vs. 2-year green card is based on length of marriage at point of entry, regardless of what CBP notes as class of admission. USCIS is supposed to compare date of marriage to date of entry and make the determination based on that, but sometimes they don’t and default to what CBP enters. If CBP notes CR-1 since the visa is CR-1, USCIS might screw this up when issuing the green card. In that case you’d file form I-90 for free immediately asking them to fix it.

 

If your wife enters with an immigrant visa in your passport CBP will process her an an immigrant and she’ll be an LPR, even if you’d rather wait a few months so she gets the 10-year green card.

[Dashinka 25,312]

8 hours ago, Pat2014 said:

Hello everyone,

 

My wife and I are about halfway through our projected timeline (NOA1 July 2024) for our I-130.  This forum has been very helpful, and I'm hoping it can answer one clarifying question and then one random question.

Clarifying question: is the issuance of a CR-1 versus IR-1 based on the date of the interview at the embassy, or the interview at the border entry point?  For example, let's say we married in April of 2024, and the embassy interview is December 2025 (20 months of marriage).  Does that mean regardless of when my spouse enters the country, she'd be on a CR-1 (<2 years of marriage at embassy interview), or if she waited to enter until April of 2026 she'd get a IR-1 (>2 years of marriage at border entry point interview)?

Random question: would it be possible for a spouse to visit with an approved immigration visa and choose not to use it?  For example, interview complete and green card issued (which expires in 6 months after the interview).  She wants to visit for a few months before returning to her home country to finalize the move, then officially immigrate with the green card.  Is that allowed, or does she have to use the green card and get it stamped upon entry?  This would be after the entire process is complete, not during the NOA1 waiting period.

Thanks!

The visa is based on the interview date, but as @S2N stated, the LPR status, conditional or regular, is based on the date of admission (start of LPR status).  If you are close to the 2 year mark on your marriage, wait to enter on the spousal visa after the second wedding anniversary, and you will be entitled to a 10 yr GC regardless as to the class printed on the visa.  Yes, CBP may not catch it, so you can politely let them know, but even if for some reason the GC comes with only 2 yr validity, you can file an I90 for free to correct USCIS’s error.

 

So I will stress again, @Crazy Cat can also emphasize, if you are near your second wedding anniversary, and the visa will remain valid until after that wedding anniversary, do everything you can to enter the U.S. after that second wedding anniversary date.

 

Good Luck!

[Crazy Cat 43,326]

1 hour ago, Dashinka said:

So I will stress again, @Crazy Cat can also emphasize, if you are near your second wedding anniversary, and the visa will remain valid until after that wedding anniversary, do everything you can to enter the U.S. after that second wedding anniversary date.

Agree 100%.  My wife entered the US about 30 days before our 2nd wedding anniversay....so she received a 2 year Green Card.  Because she had a 2 year card, we had to submit an I-751 to removed conditions 2 years later.  That was a pain in the neck.  It took 44 months to get it approved....no RFEs.

[JeanneAdil 6,855]

visa based on interview BUT expiration based on date on medical exam (6 months from date of that)

 

and no, if spouse visa page is added to your passport ,  you can not use tourist visa/esta to enter 

[mam521 2,396]

At time of interview and issued visa were CR-1.  We entered 1 day after our 2nd wedding anniversary and received greencards as IR-1's.  CBP has nothing to do with determining what status you enter on - they follow orders, verify your documents and send you on your way.  USCIS issues the greencards, verifying status.  If you do enter after your 2nd anniversary and you get a CR greencard, you file an I-90 to have it changed.  It was me and my 2 kids that entered, and 2 out of the 3 of us had the correct status; one did not and that I-90 filing fixed it.  

 

Pretty rare and unusual that a CBP officer would allow your spouse to enter as a visitor.  I've only ever heard it happening like once and it was a Canadian who used to travel regularly by land to visit their spouse, so they essentially had a well established rapport with the border crossing agents.  In today's climate, yeah, not happening I'd say.  

[S2N 80]

1 hour ago, mam521 said:

CBP has nothing to do with determining what status you enter on - they follow orders, verify your documents and send you on your way.  USCIS issues the greencards, verifying status.

Technically CBP is responsible for determining class of admission, and there are reports about some feeling very strongly that CR-1=CR-1. USCIS then reviews the admissions data and determines what green card to issue based on marriage date and date of admission.

 

A lot of the reports of USCIS screwing this up comes from CBP admitting someone as CR-1, which USCIS should ignore when issuing the green card, but sometimes doesn’t and then you have to file I-90. That’s why it’s useful to verbally mention to CBP in a respectful way that the beneficiary should be admitted as IR-1 since it’s been over two years.

Edited Monday at 04:51 PM by S2N

[mam521 2,396]

1 minute ago, S2N said:

Technically CBP is responsible for determining class of admission, and there are reports about some feeling very strongly that CR-1=CR-1. USCIS then reviews the admissions data and determines what green card to issue based on marriage date and date of admission.

 

A lot of the reports of USCIS screwing this up comes from CBP admitting someone as CR-1, which USCIS should ignore when issuing the green card, but doesn’t and then you have to file I-90. That’s why it’s useful to verbally mention to CBP in a respectful way that the beneficiary should be admitted as IR-1 since it’s been over two years.

I spoke with the CBP agent and requested to be statused as an IR-1.  I was told straight up it is not their determination.  It falls to what is printed on the visa issued by DoS and the rest comes down to USCIS.  CBP will enforce what has been previously determined and that's as far as it goes.  CBP do not make changes to immigrant visa types; they enforce laws including immigration and drug laws and secure borders at POE's, but it's USCIS who adjudicate the petitions and determine the type and eligibility of immigration status.  

[S2N 80]

1 minute ago, mam521 said:

I spoke with the CBP agent and requested to be statused as an IR-1.  I was told straight up it is not their determination.  It falls to what is printed on the visa issued by DoS and the rest comes down to USCIS.  CBP will enforce what has been previously determined and that's as far as it goes.  CBP do not make changes to immigrant visa types; they enforce laws including immigration and drug laws and secure borders at POE's, but it's USCIS who adjudicate the petitions and determine the type and eligibility of immigration status.  

We’re saying the same thing: CBP determine class of admission at POE, which is different from which LPR status you ultimately end up with.

 

You got one of the ones whom I mentioned was of the mind that CR-1 visa = CR-1 class of admission. That’s usually where the screwups with USCIS occur, which is why it’s worth asking them to admit you as IR-1. If they say no, it’s not a big deal. If they say yes, one less potential point of failure. There are CBP officers who will admit as IR-1 even on a CR-1 visa (you can search Reddit for proof of stamps showing that and pretty sure others here have mentioned it.)

 

End of the day, anyone who enters after 2 years will eventually get a 10 year GC one way or the other, though.

[mam521 2,396]

12 minutes ago, S2N said:

We’re saying the same thing: CBP determine class of admission at POE, which is different from which LPR status you ultimately end up with.

 

You got one of the ones whom I mentioned was of the mind that CR-1 visa = CR-1 class of admission. That’s usually where the screwups with USCIS occur, which is why it’s worth asking them to admit you as IR-1. If they say no, it’s not a big deal. If they say yes, one less potential point of failure. There are CBP officers who will admit as IR-1 even on a CR-1 visa (you can search Reddit for proof of stamps showing that and pretty sure others here have mentioned it.)

 

End of the day, anyone who enters after 2 years will eventually get a 10 year GC one way or the other, though.

Not quite saying the same thing. 

 

A petition is filed to USCIS who determines if the beneficiary meets the requirements; it's approved and sent to DOS.  DOS interviews and verifies information is correct and true and then issues a visa. CBP determines admissibility - they ensure that the person attempting to enter the US has either a visa, permanent resident status or are a citizen, aren't bringing weapons and aren't a terrorist threat.  CBP determine class of admission based on information provided by DOS in the case of people who require visas and verifying those documents aren't counterfeit.  They should not be changing the class of admittance because they are there to enforce the law based on the information presented.

 

Have you ever heard of a CBP officer changing a non-immigrant visa to an immigrant class? Nope, because it's not within their jurisdiction of the law.  There may well be some anecdotal cases of CBP admitting a CR-1 as an IR-1, but more often than not, CBP are going to go with what the DOS issued visa says.  They can enforce what is in front of them.  If the visa says CR-1, that's what they should admit on.  

 

If CBP believe a permanent resident is in violation of the terms and conditions of their permanent residency, CBP may request the PR surrender their greencard, detain and/or issue a NTA, but they cannot take that PR away. Only an immigration judge can remove one's permanent resident status.  

 

CBP screw up all the time, too.  I've been incorrectly statused by CBP.  I was admitted as a visitor, despite having a valid L-1.  I had to find a deferred inspection site to get my I-94 fixed. 

 

USCIS sent an CR-2 statused GC for Kid2.  I had to send an I-90 to get it changed to an IR-2.  Even funnier is they sent a notification to hubs to remember to remove conditions, despite having already issued the IR-2 greencard.  So, clearly no communication.  

 

No government agency scores a perfect 100.  Too many communication silos and points of failure.  Top of the list though, seems to be the SSA.  Their own staff haven't read the application form for a SSN where it states a MRIV is proof of status.  Many believe they need an actual greencard in hand to issue said SSN.  

[S2N 80]

You are stating the opinion of some CBP officers, which is no less anecdotal than the experiences I’m citing.  It is not the opinion of all CBP officers, and there are those that will admit as IR-1. They have a lot of discretion on admission decisions even if actions might not be the standard. You make it sound like they’re robots, which they’re not.

 

There’s no harm in asking them to provide USCIS with one less point of failure. Worst that can happen is they tell someone what the CBP officer told you when they tried it. Best is that they admit you as IR-1 and it’s one less opportunity for USCIS to screw up. Most people prefer to avoid the I-90. I don’t really see the point in discouraging people from asking based on your experience given that it’s not the universal experience and nothing bad happens regardless of the answer.

 

 

[Marieke H 2,542]

17 hours ago, Pat2014 said:

Random question: would it be possible for a spouse to visit with an approved immigration visa and choose not to use it?  For example, interview complete and green card issued (which expires in 6 months after the interview).  She wants to visit for a few months before returning to her home country to finalize the move, then officially immigrate with the green card.  Is that allowed, or does she have to use the green card and get it stamped upon entry?  This would be after the entire process is complete, not during the NOA1 waiting period.

This is not how it works. Your spouse will not be issued a green card in her home country, and the green card does not get stamped. She will receive an immigrant visa that she will use to enter the country, and after paying the immigrant visa fee her green card will be mailed to her in the US. If you want to make sure she is eligible to receive a 10-year green card, postpone the initial entry until after your 2-year anniversary. Trying to get CBP to ignore the visa in her passport and just let her visit as a tourist is very unlikely to succeed.

[Sarah&Facundo 604]

7 hours ago, mam521 said:

At time of interview and issued visa were CR-1.  We entered 1 day after our 2nd wedding anniversary and received greencards as IR-1's.  CBP has nothing to do with determining what status you enter on - they follow orders, verify your documents and send you on your way.  USCIS issues the greencards, verifying status.  If you do enter after your 2nd anniversary and you get a CR greencard, you file an I-90 to have it changed.  It was me and my 2 kids that entered, and 2 out of the 3 of us had the correct status; one did not and that I-90 filing fixed it.  

 

Pretty rare and unusual that a CBP officer would allow your spouse to enter as a visitor.  I've only ever heard it happening like once and it was a Canadian who used to travel regularly by land to visit their spouse, so they essentially had a well established rapport with the border crossing agents.  In today's climate, yeah, not happening I'd say.  

 

It can happen, but I don't know how regularly. From personal experience, my husband's visa was approved and he entered with a B2 to visit me before coming back to finalize the move. No questions asked at the border. We did mentioned we wanted to do this at his interview, and the officer saw no issue with it. I am not sure if he noted it somewhere,  but my husband was prepared with a ton of documents proving his return to his home country, yet he was waived right through on his B2.

 

To elaborate, he was approved in late October. He came for Thanksgiving in November. Then he moved here in March.

Edited Monday at 11:31 PM by Sarah&Facundo