JSL8610

Firstly, apologies if this has been asked and answered elsewhere. I did look.

My wife (USA) recently submitted an I-130 on my behalf to London. Based on current timelines we're guessing my interview will be around July/August if all goes well. August 10th this year will be our 2 year anniversary. I know that if the marriage is less than 2 years old when the visa is approved then I would be issued a CR-1 and be required to later apply to remove the temporary condition.

If my interview happens to be before August 10th (and it wouldn't be long before) does anybody happen to know if I can ask to have the visa forward dated past this date and therefore receive an IR-1? We're not planning on moving until November.

I hope my understanding is correct. It's not really a big deal either way but I'd prefer not to have to fill out the additional paperwork after we arrive in the US. Thanks in advance for your responses.

James

Noorah101

Even if you are issued a CR-1 visa, if you don't enter the USA until after your second wedding anniversary, you will be admitted to the USA in the IR-1 category, and will receive the 10-year card.

So if your 2nd wedding anniversary is in August 2012, but you aren't going to enter the USA using your immigrant visa until November 2012, then you will still avoid getting the conditional green card, and still avoid having to remove conditions. Just double check at the POE that they entered IR-1 on your visa endorsement, and if they did not, kindly point out that your 2nd wedding anniversary has passed (have your marriage certificate handy to show them), and sweetly ask that you be admitted under the IR-1 category.

Rene

JSL8610

Ah, my mistake. I thought it was at the time the visa was granted (the interview) rather than the date of admission. My question is moot then. Many thanks for your help (I've a feeling I'll be saying that a lot in the coming months!).

James

Noorah101

Another option is to drag out the process a little longer, so you can make sure your interview date happens after August 10.

From what I've seen, Immigrant Visa cases filed directly to London are taking just as long as the ones submitted to USCIS in the USA, so you may not even get your visa until September - November.

Rene

Noorah101

No problem! It depends on both. If your interview falls before your 2nd wedding anniversary, you'll get the CR-1 visa in your passport. But if you enter the USA after the 2nd wedding anniversary, you can correct it to IR-1 at the POE.

Rene

JSL8610

I did consider that, but didn't want to risk waiting until August to apply for an interview date only to get one 3 months later! Better to go through the process as quickly as possible I think.

Doesn't matter anyway if the important date is the date of admission. I'm probably being optimistic hoping for the interview in July too but you never know...

Thanks again,

James

jeffreyhy

Point of clarification - if the visa application is approved before the 2nd wedding anniversary. Not every visa application is approved at the time of the interview, even in London.

Regards, JEff

lisaleeds

Hi everyone,

I've just read this post and have a (somewhat) related question:

My CR-1 visa interview has just been scheduled for the day before our 2 year anniversary (can you believe it) and I was wondering if the consular officer might process it as IR-1 instead (seeing as we will have been married for 2 years the very next day)?

I know I can always inform immigration at POE and get the visa status changed to IR-1, but would rather avoid this if possible as I've heard some horror stories about people running into difficulties.

James, what happened with the scheduling of your interview? Did it fall before or after your 2 year anniversary?

Thanks in advance for any advice!

Rete

The consular office does not process it as anything. That is done at the POE. When you enter be sure to tell the agent that you are past your second wedding anniversay, show him your marriage certificate, and be sure that the passport is maked IR-1

holly2234

Lisaleeds, you will definitely be entering the USA after your anniversary so you will get the IR-1

ian-mstm

... unless the CBP officer is lazy or doesn't notice or Lisaleeds doesn't speak up when she should. Just because it should happen, it doesn't necessarily follow that it will happen. People need to be proactive at the border and not be afraid to speak up.

Lisaleeds: it doesn't matter what the visa says... it only matters how the CBP officer at the border processes it. Speak up, and bring proof that you are entering the US after your 2nd wedding anniversary.

Ian

lisaleeds

Thanks everyone, I thought that if the interview was conducted after our 2 year anniversary the consular officer would issue an IR-1 visa, even though upon initial filing it would have been in the CR-1 category. Is that not the case? If not, I must have got my wires crossed when reading through the various threads!

I'm aware that I can request IR-1 status at POE; I was just hoping for the visa to be issued as IR-1 to avoid this conversation at POE (following the difficulties that some people have had with this).

Anyway, thanks again for your advice!

Noorah101

You can very politely ask the ConOff to delay approval for a day so that you can receive an IR-1. They may or may not oblige.

If so, good. If not, you can correct it at the POE.

Rene

lisaleeds

Thanks Rene. I thought I had read that it was possible to do that - I guess it's luck of the draw on the day. In your honest opinion, do you think it would be better to try move the interview date until after our 2 year anniversary? My husband and I both live together in London so delaying it has no impact on us in that respect. I'm probably being silly, but I just want to avoid any potential problems at POE with regards to IR-1 eligibility.

Noorah101

Absolutely not.

The likelyhood of a problem at the POE is so small that it's definitely not worth moving the interview date. Just ask the ConOff to delay approval a day or two, and if they agree, great. If not, they can do it at the POE...it's not really a big deal.

Even if by some chance it slips through the cracks at the POE, you can STILL get it fixed afterwards, at no cost to you, as long as you mentioned it at the POE and the agent failed to correct it.

Rene