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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

beetee4ever
Hi all,

I hope someone can help me with this. It's about changing a CR-1 to IR-1 when the visa says CR-1 and you've been married for over 2 yrs. helpsmilie.gif

I already knew that I might have a problem with this, since my immigrant visa said CR-1..which was okay, since we had been married less than 2 yrs, when we started this process, but it still said CR-1 the day I recieved my Visa, and it was past our 2nd wedding anniversary.
The day I entered the US I had been married for over 2 yrs, which would automatically give me an IR-1 right?! At POE I asked the officer and made him aware of this fact, told him that it should be an IR-1 and not CR-1 as the Visa says, but he was very rude and told me that I had to remove the condition myself and change it to IR-1 etc etc. He, for sure wasn't going to do anything that day.

Well, I have been looking around and found that I have to file an I-90
(description of I-90 below)
If you are filing because your card was issued with incorrect data due to USCIS administrative error, you must mail a new I-90 application using Application Reason "d" My card was issued with incorrect information because of a USCIS administrative error, and any supporting documentation, to the USCIS Service Center/National Benefits Center (NBC) that processed your previously filed I-90 application. For the Service Center/ NBC mailing address, please refer to the letter that came with your I-551 card, also known as "Green Card". This letter provides the address for the Service Center/NBC that processed your previously filed I-90 application. The Service Center/NBC address can also be found on the I-797 "Notice of Action" issued for the previously filed I-90 application. In addition to the new I-90 application, applicants are required to send the original I-551 card containing incorrect information, and documentation that supports the requested correction. I-90 applications submitted with Application Reason "d" do not require the $70 biometrics fee or the base application fee.

Service Center/NBC Mailing Addresses

California Service Center
Attn: I-90 "b" and "d"
P.O. Box 10090
Laguna Niguel, CA 92607-1009

National Benefits Center
Attn: I-551 Corrections
705B SE Melody Lane, Box 2000
Lee's Summit, MO 64063

Nebraska Service Center
Attn: I-90 "b" and "d"
P.O. Box 87090
Lincoln, NE 68501-7090

Texas Service Center
Attn: I-90 "b" and "d"
P.O. Box 851983
Mesquite, TX 75185-1983

Vermont Service Center
Attn: I-90 "b" and "d"
75 Lower Welden Street
St. Albans, VT 05479-0001


Does this mean that I have to wait till I recieve the GC before changing it?? and that I have to send it back to them? And which of those addresses should I use?? It's all so confusing at the moment.... I have no idea whether to wait or to act as soon as possible helpsmilie.gif
Kez/JWolf
Make an infopass appointment at your local office and ask them to check your status.... if it is wrong then they will advise you as to what they want you to do next....


Kezzie
beetee4ever
QUOTE(Kezzie @ Oct 9 2006, 12:46 PM) *

Make an infopass appointment at your local office and ask them to check your status.... if it is wrong then they will advise you as to what they want you to do next....


Kezzie


Thanks for your help, but I'm totally stupid when it comes to this. Where do I find out where my local office is?? I'm in Los Angeles helpsmilie.gif
Yodrak
beetee4ever,

USCIS web site?

Yodrak

QUOTE(beetee4ever @ Oct 9 2006, 03:46 PM) *
QUOTE(Kezzie @ Oct 9 2006, 12:46 PM) *

Make an infopass appointment at your local office and ask them to check your status.... if it is wrong then they will advise you as to what they want you to do next....


Kezzie


Thanks for your help, but I'm totally stupid when it comes to this. Where do I find out where my local office is?? I'm in Los Angeles


riblet
If you go to the USCIS.gov website, on the top right you will see a link to InfoPass Appointment Scheduler, and that will lead you through the process.

Sandy.

QUOTE(Yodrak @ Oct 9 2006, 01:18 PM) *

beetee4ever,

USCIS web site?

Yodrak

QUOTE(beetee4ever @ Oct 9 2006, 03:46 PM) *
QUOTE(Kezzie @ Oct 9 2006, 12:46 PM) *

Make an infopass appointment at your local office and ask them to check your status.... if it is wrong then they will advise you as to what they want you to do next....


Kezzie


Thanks for your help, but I'm totally stupid when it comes to this. Where do I find out where my local office is?? I'm in Los Angeles


meauxna
After you do your research on this, decide if the hassle involved is worth $205 or more, the current filing fee for I-751.
Also see threads on the topic by Cndnwmn in the I-751 forum.
beetee4ever
QUOTE(meauxna @ Oct 9 2006, 02:58 PM) *

After you do your research on this, decide if the hassle involved is worth $205 or more, the current filing fee for I-751.
Also see threads on the topic by Cndnwmn in the I-751 forum.



Hmm, not sure if I understand that about the fee's. It says on the uscis.gov page that the fee's for I-90 is : If you are filing for the following reasons, the base application fee of $190 and the biometrics fee of $70 are required. Total filing fee = $260.
but I dont have to pay a fee at all if it'sI-90 applications submitted with Application Reason "d" do not require the $70 biometrics fee or the base application fee.
>>
If you are filing because your card was issued with incorrect data due to USCIS administrative error, you must mail a new I-90 application using Application Reason "d" My card was issued with incorrect information because of a USCIS administrative error, and any supporting documentation, to the USCIS Service Center/National Benefits Center (NBC) that processed your previously filed I-90 application.

I'm a bit confused, and it could be that I read it wrong and I do have to pay a fee...OMG blink.gif !! I hope not ...... sux.
beetee4ever
Okies, found it biggrin.gif

Thanks for the help you guys good.gif
meauxna
QUOTE(beetee4ever @ Oct 9 2006, 01:20 PM) *

I'm a bit confused, and it could be that I read it wrong and I do have to pay a fee...OMG blink.gif !! I hope not ...... sux.

beetee4ever, I was commenting on the observation that it takes about a year to get a Green Card corrected.

The fee for filing the I-751 to remove conditions is $205. That is the most painful part of filing that form.

If you did so, you might find, as Margaret did, that they won't take it becasue you should be IR-1--hers was corrected at that point.

First/best thing to do is to go to your District Office and ask their opinion, then measure it all up. You will not be in trouble for having the wrong status on your card as long as you do the Right Thing in 2 years.
internetkafe
'beetee4ever'

Why did not you contact the embassy/consulate that issued your visa right away when you found out that it was CR1, not IR1? It seems to me that it is mainly the embassy's mistake. And the immigration officers at that POE did not correct someone else's mistake.

It is interesting how these people work. They give 10 year PR cards to CR1 visa holders and 2 year to IR1... It is dumb.
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