Changing from CR1 to IR1

[RandyandRina 2]

Hello everyone!

I need assistance regarding the immigrant visa that I have applied for my husband.

My husband and I will be celebrating our second year anniversary this coming September, which will entitle us for IR-1 visa. However, all our documentations, correspondences and fee bills coming from NVC were showing CR-1 visa category (obviously, we have not reached our 2-yrs anniversary yet). Is there anyway that we can request for this change before his interview in US Embassy in Manila and/or POE?

We are unsure at this time what steps do we need to take to have the visa category changed from CR-1 (Conditional Residency) to IR-1 (Immediate Relative). We are also unsure whether this will be changed automatically. Please enlighten us on how to rectify this issue.

Thank you all in advance!

[Stabu 0]

What I've understood is that once you're at the embassy you tell them that you have been married over two years and show them your marriage sertificate, they should automatically put you an IR-1 visa (as these two visas are extremely close to each other in all aspects). If this fails, e.g. they don't do this or you get your interview before the two year anniversery, you can still show the marriage licence and tell the POE officer that you should get a 10 year greencard. If this also fails, then I've understood that there's some way to correct afterwards but in any case you have at least two attemts to change your CR-1 visa into a IR-1.

[RandyandRina 2]

Thanks Stabu

How things are going on your case? Any good news?

[Chris Parker(old) 0]

My husband and I will be celebrating our second year anniversary this coming September, which will entitle us for IR-1 visa. However, all our documentations, correspondences and fee bills coming from NVC were showing CR-1 visa category (obviously, we have not reached our 2-yrs anniversary yet). Is there anyway that we can request for this change before his interview in US Embassy in Manila and/or POE?

There is just a "201(b ) Spousal" immigrant visa. Look at the top of the I-130 petition. There really is no CR-1 visa as you may be led to believe by the NVC forms.

Conditions depend on whether you have been married for less than 2 years at the time you are admitted into the U.S. (date of entry/resident since) as to whether your permanent residence will be conditional or not. Surely, if you've reached your second year anniversary by the time of immigrant visa interview, it might be worth mentioning that to the consular officer (as I believe the 2-year anniversary also, under separate rules, eliminates some suspicion that the marriage might not be bona fide). But even if your visa issued before your 2-year anniversary, and your 2-year anniversary falls during the 6-month validity of the visa, and you arrive in the U.S. after your 2-year anniversary, you should be admitted into IR-1 status.

In any case, if you arrive in the U.S. after your 2-year anniversary, check the status code under the I-551 stamp they place in the passport in the airport, to be sure it says IR-1 and CR-1. In the worst case, if you get a permanent resident card with CR-1 and a "Resident Since" date after your 2-year marriage anniversary, you can and should apply for a replacement card at no charge because it was Service error. This is all because there is no legal authority to admit into CR-1 status after the 2-year marriage anniversary; you no longer meet the defintion of "alien spouse" under INA 216 at that point.