Question about CR-1 vs IR-1

[clarejinjin]

Need some info.

My wife and I will be married 2 years this coming December 10th. Does it make any difference when filing the I-130 and G-325A forms if we are married for the 2 years? Should I wait for the next couple of weeks before filing or does it make any difference in the eyes of the GUZ people?

Thanks

Steve

 

{Edit} Corrected title, CR-2 is Child of immigrant, conditional 2 year. Meant IR-1

Edited November 24, 2009 by dnoblett (see edit history)

[xiaofeizhu]

If I remember correctly, the CR-1 or IR-1 will be determined at time of the interview when they approve the visa. I think I also heard of people who got a CR-1 visa and then waited to be married for two years (of course you need to watch the validity of the visa dates, six months I think) and were treated as IR-1 at the POE, meaning they got a 10 year green card later on.

 

I am sure that others will have more correct answers later on, but waiting only a few more weeks won't be so bad if it turns out you need to wait. Good luck!

[dnoblett]

If I remember correctly, the CR-1 or IR-1 will be determined at time of the interview when they approve the visa. I think I also heard of people who got a CR-1 visa and then waited to be married for two years (of course you need to watch the validity of the visa dates, six months I think) and were treated as IR-1 at the POE, meaning they got a 10 year green card later on.

 

I am sure that others will have more correct answers later on, but waiting only a few more weeks won't be so bad if it turns out you need to wait. Good luck!

Correct, CR-1 = Spouse Conditional Resident visa, results in a 2 year green-card if entry to the USA before 2 years of marriage.

 

IR-1 is Immediate Relative Spouse visa, this is the visa code if visa is approved after 2 years of marriage, for example Kyle and Jingjing will get an IR-1 visa if approved. The resulting green-card upon entry is a 10 year un-conditional card.

 

Note, you can get a CR-1 and if it is issued less than 6 months before 2 years of marriage and you simply delay entering the USA until AFTER two years of marriage, you simply show marriage cert to POE officer and point this out, the resulting green-card will be a 10 year un-conditional card.

 

Lastly, CR-2, IR-2 = immigrant child, typically step-child of petitioner.

[clarejinjin]

If I remember correctly, the CR-1 or IR-1 will be determined at time of the interview when they approve the visa. I think I also heard of people who got a CR-1 visa and then waited to be married for two years (of course you need to watch the validity of the visa dates, six months I think) and were treated as IR-1 at the POE, meaning they got a 10 year green card later on.

 

I am sure that others will have more correct answers later on, but waiting only a few more weeks won't be so bad if it turns out you need to wait. Good luck!

Correct, CR-1 = Spouse Conditional Resident visa, results in a 2 year green-card if entry to the USA before 2 years of marriage.

 

IR-1 is Immediate Relative Spouse visa, this is the visa code if visa is approved after 2 years of marriage, for example Kyle and Jingjing will get an IR-1 visa if approved. The resulting green-card upon entry is a 10 year un-conditional card.

 

Note, you can get a CR-1 and if it is issued less than 6 months before 2 years of marriage and you simply delay entering the USA until AFTER two years of marriage, you simply show marriage cert to POE officer and point this out, the resulting green-card will be a 10 year un-conditional card.

 

Lastly, CR-2, IR-2 = immigrant child, typically step-child of petitioner.

Thanks

Well, I guess its on to GUZ to see what happens!

steve

[clarejinjin]

If I remember correctly, the CR-1 or IR-1 will be determined at time of the interview when they approve the visa. I think I also heard of people who got a CR-1 visa and then waited to be married for two years (of course you need to watch the validity of the visa dates, six months I think) and were treated as IR-1 at the POE, meaning they got a 10 year green card later on.

 

I am sure that others will have more correct answers later on, but waiting only a few more weeks won't be so bad if it turns out you need to wait. Good luck!

Correct, CR-1 = Spouse Conditional Resident visa, results in a 2 year green-card if entry to the USA before 2 years of marriage.

 

IR-1 is Immediate Relative Spouse visa, this is the visa code if visa is approved after 2 years of marriage, for example Kyle and Jingjing will get an IR-1 visa if approved. The resulting green-card upon entry is a 10 year un-conditional card.

 

Note, you can get a CR-1 and if it is issued less than 6 months before 2 years of marriage and you simply delay entering the USA until AFTER two years of marriage, you simply show marriage cert to POE officer and point this out, the resulting green-card will be a 10 year un-conditional card.

 

Lastly, CR-2, IR-2 = immigrant child, typically step-child of petitioner.

Thanks

Well, I guess its on to GUZ to see what happens!

steve

Its a GOOD day, just sitting here listening to Lynyard Skynyard, Dwight Yoakam and some MoTown. What could be better!!!

[Kyle]

If you filed already, it may currently be classified as CR-1. (Assuming that your set interview date is scheduled after your second anniversary) When you get your appointment letter, it will already be reclassified for you as IR-1. No problems - you'll not have to do a thing.

Edited November 24, 2009 by Kyle (see edit history)

[Randy W]

If you filed already, it may currently be classified as CR-1. (Assuming that your set interview date is scheduled after your second anniversary) When you get your appointment letter, it will already be reclassified for you as IR-1. No problems - you'll not have to do a thing.

 

 

Just be SURE that the Immigrations Officer at the POE understands that you've been married for 2 years, and that you should get the 10 year card (if it hadn't been upgraded before that point). Bring the marriage certificate with you to prove it.

[Corbin]

If I remember correctly, the CR-1 or IR-1 will be determined at time of the interview when they approve the visa. I think I also heard of people who got a CR-1 visa and then waited to be married for two years (of course you need to watch the validity of the visa dates, six months I think) and were treated as IR-1 at the POE, meaning they got a 10 year green card later on.

 

I am sure that others will have more correct answers later on, but waiting only a few more weeks won't be so bad if it turns out you need to wait. Good luck!

Correct, CR-1 = Spouse Conditional Resident visa, results in a 2 year green-card if entry to the USA before 2 years of marriage.

 

IR-1 is Immediate Relative Spouse visa, this is the visa code if visa is approved after 2 years of marriage, for example Kyle and Jingjing will get an IR-1 visa if approved. The resulting green-card upon entry is a 10 year un-conditional card.

 

Note, you can get a CR-1 and if it is issued less than 6 months before 2 years of marriage and you simply delay entering the USA until AFTER two years of marriage, you simply show marriage cert to POE officer and point this out, the resulting green-card will be a 10 year un-conditional card.

 

Lastly, CR-2, IR-2 = immigrant child, typically step-child of petitioner.

This is just a comment of opinion.....

I think it is kind of stupid that there has to be a 2 year time frame of being married to make the spouse an Immediate Relative Spouse.....

 

Of course what do I know

[dnoblett]

If you filed already, it may currently be classified as CR-1. (Assuming that your set interview date is scheduled after your second anniversary) When you get your appointment letter, it will already be reclassified for you as IR-1. No problems - you'll not have to do a thing.

Just be SURE that the Immigrations Officer at the POE understands that you've been married for 2 years, and that you should get the 10 year card (if it hadn't been upgraded before that point). Bring the marriage certificate with you to prove it.

I have seen some get a 2 year card even though they were married more than 2 at the time of entry, an Info-Pass appointment, and then filing an I-90 along with the incorrect card and evidence (Copy of marriage cert) why it was wrong solves the problem.

 

This is just a comment of opinion.....

I think it is kind of stupid that there has to be a 2 year time frame of being married to make the spouse an Immediate Relative Spouse.....

 

Of course what do I know

Immigrations need to draw a line somewhere, 2 years is the line.

[Randy W]

If you filed already, it may currently be classified as CR-1. (Assuming that your set interview date is scheduled after your second anniversary) When you get your appointment letter, it will already be reclassified for you as IR-1. No problems - you'll not have to do a thing.

Just be SURE that the Immigrations Officer at the POE understands that you've been married for 2 years, and that you should get the 10 year card (if it hadn't been upgraded before that point). Bring the marriage certificate with you to prove it.

I have seen some get a 2 year card even though they were married more than 2 at the time of entry, an Info-Pass appointment, and then filing an I-90 along with the incorrect card and evidence (Copy of marriage cert) why it was wrong solves the problem.

 

 

The I-90 is FREE when you file it due to a USCIS error.

Edited November 24, 2009 by Randy W (see edit history)