changing CR1 to IR1 at time of entry to the US????

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[amordelbueno]

Hi everyone,

My friend's husband just had his visa approved and they want to verify if what a lawyer in the DR told them is true.

They were approved a CR1 visa, but they will celebrate their second wedding anniversary in less than four months. The lawyer told them that her husband should wait the almost four months in the DR and this way he can enter the US with a permanent residence and don't have to deal with all the paper work required to remove conditional residence. Now, I think that this lawyer gave them the wrong information since in his passport, the visa stamped is still going to be for a CR1 when he enters the US. Is this lawyer right? Does immigration count the married years at the time of the interview or when the person enters US soil? I believed it was at the time of the interview.

Also, how much more paper work besides filing the I-751 do they have to do? Do they have another interview?

What is the longest time he can stay in the DR before entering the US once he receives his passport with the visa?

Your help would be truly appreciated.

Thanks!

[3sheik]

Hi everyone,

My friend's husband just had his visa approved and they want to verify if what a lawyer in the DR told them is true.

They were approved a CR1 visa, but they will celebrate their second wedding anniversary in less than four months. The lawyer told them that her husband should wait the almost four months in the DR and this way he can enter the US with a permanent residence and don't have to deal with all the paper work required to remove conditional residence. Now, I think that this lawyer gave them the wrong information since in his passport, the visa stamped is still going to be for a CR1 when he enters the US. Is this lawyer right? Does immigration count the married years at the time of the interview or when the person enters US soil? I believed it was at the time of the interview.

I believe you're right in that it's from the time of your interview and when the visa is granted.

Also, how much more paper work besides filing the I-751 do they have to do? Do they have another interview?

Here are the instructions for the I-751 that explains all of that: http://www.uscis.gov/files/form/I-751instr.pdf


What is the longest time he can stay in the DR before entering the US once he receives his passport with the visa?

six months

Your help would be truly appreciated.

Thanks!

[BanginMa]

DITTO Sheik ..

Your friend needed to request the IR1 at the time of the interview .. they needed to ask the CO to change it .. the paperwork is getting processed as a CR1 so they will need to lift conditions in 2 years

On a side note just because a lawyer says it doesn't make it true 

[3sheik]

DITTO Sheik ..

Your friend needed to request the IR1 at the time of the interview .. they needed to ask the CO to change it ..

Bangin, correct me if I'm wrong, but they can only request the switch to IR-1 IF the 2-year period falls during their cita, no? por ejemplo, they can't ask for an IR-1 if they're 6 months away AFTER the cita and decide to wait in DR for the time to expire...

the paperwork is getting processed as a CR1 so they will need to lift conditions in 2 years

On a side note just because a lawyer says it doesn't make it true 

[BanginMa]

DITTO Sheik ..

Your friend needed to request the IR1 at the time of the interview .. they needed to ask the CO to change it ..

Bangin, correct me if I'm wrong, but they can only request the switch to IR-1 IF the 2-year period falls during their cita, no? por ejemplo, they can't ask for an IR-1 if they're 6 months away AFTER the cita and decide to wait in DR for the time to expire...

the paperwork is getting processed as a CR1 so they will need to lift conditions in 2 years

On a side note just because a lawyer says it doesn't make it true 

You are correct Sheik but we have had some cases where the couple was going to have their 2 year anniversary soon after the cita and they were granted the IR1 .. a month or two .. It is all up to the CO if they want to do it

6 months but if it's a month or two ... I can see they would agree to it. 

What ever is issued at the time of the cita stays as is no matter how long they wait to enter USA .. the DS230 gets processed as CR1 and teh visa is stamped as such also.

[twincactus]

This CANNOT be done at the time of entry into the USA. It MUST be done at the interview.

Second point, I have said many, many, many times. DR lawyers no NOTHING about the US immigration process. The visa process is an American process. DO NOT seek the advice of an attorney in the DR for visa issues. They do not practice US law.

-Tim

[amordelbueno]

Thank you so much for your answers! 
I imagined this lawyer was wrong...just wanted to confirm it.

[sracastillo]

so this means that at POE if the passport has the IR1 stamp no matter if the couple haven't still reach the 2 year condition the SO will enter as a IR1?

[Mayimbe007]

so this means that at POE if the passport has the IR1 stamp no matter if the couple haven't still reach the 2 year condition the SO will enter as a IR1?

Yes, the visa category is determined at interview time.  You will see when the visa is affixed to the passport it will either say IR1 or CR1.  At the POE they will process the immigrant according to what the visa says irregardless to what to how long they are married at that time.  So if the visa says IR1 that is how they will process the paperwork at the POE.

[3sheik]

so this means that at POE if the passport has the IR1 stamp no matter if the couple haven't still reach the 2 year condition the SO will enter as a IR1?

Yes, the visa category is determined at interview time.  You will see when the visa is affixed to the passport it will either say IR1 or CR1.  At the POE they will process the immigrant according to what the visa says irregardless to what to how long they are married at that time.  So if the visa says IR1 that is how they will process the paperwork at the POE.

say what? 

btw... "irregardless" falls into the same category as "anyways" and "mines"

So how about that Oracle acquisition of Sun? WOW!

and yes sracastillo, if your visa says IR-1, that's how it will be processed! 

[Mayimbe007]

so this means that at POE if the passport has the IR1 stamp no matter if the couple haven't still reach the 2 year condition the SO will enter as a IR1?

Yes, the visa category is determined at interview time.  You will see when the visa is affixed to the passport it will either say IR1 or CR1.  At the POE they will process the immigrant according to what the visa says irregardless to what to how long they are married at that time.  So if the visa says IR1 that is how they will process the paperwork at the POE.

say what? 

btw... "irregardless" falls into the same category as "anyways" and "mines"

So how about that Oracle acquisition of Sun? WOW!

and yes sracastillo, if your visa says IR-1, that's how it will be processed! 

The funny thing is that the spell checker in my browser corrected the typo as is.  Yes that is a huge merger let's see how big of impact it will actually have.

[BanginMa]

 

Sheik tu siempre con la tuya

But yes Sracastillo as these 2 gentlemen have stated it gets processed with whatever is on the issued visa

[3sheik]

Sheik tu siempre con la tuya

But yes Sracastillo as these 2 gentlemen have stated it gets processed with whatever is on the issued visa

I keed, I keed 

[BanginMa]

Sheik tu siempre con la tuya

But yes Sracastillo as these 2 gentlemen have stated it gets processed with whatever is on the issued visa

I keed, I keed 

well anyways .. irregardless to if your keeding or not .. it's all good 

[sracastillo]

thank you guys!! i'm just still shocked and can't believe my luck!

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