Wrongly assigned CR1 on POE on arrival after 2 yr marriage anniversary

[Khallaf 646]

Just now, geowrian said:

Nope. The 2 year anniversary is from the date of obtaining LPR status. You obtain LPR status upon entry on an immigrant visa (or upon AOS approval if doing AOS instead).

Thank you for that information

[GaiaAlan 15]

Thanks for all the replies so far...still have one question in my mind - Can I submit the i90 package in person via an info pass appointment  (orig CR1 green card, copy or marriage cert, passport copy with stamps, cover letter) and perhaps also get the i551 stamp on my passport the same day ?

[Hypnos 6,576]

No, I-90s usually have to be filed with USCIS by mail or online, and aren't usually accepted in person. 

Edited February 13, 2018 by Hypnos

[Crazy Cat 39,138]

1 hour ago, Khallaf said:

when you are granted a green card, you are granted the one from approval or POE, like if visa approved before the 2 year but you didn't enter to USA till after the 2 years wouldn't you still have to do the ROC?

No......If you enter the US at or after 2 years from date of marriage, an IR-1 should have been issued....not CR-1.....No ROC is required for IR-1.

[Hypnos 6,576]

I would further add that there's nothing stopping you from filing an I-90 online right now for free (on the basis of a USCIS error) and then taking the I-90 instant receipt you will receive to the Infopass to obtain an I-551 stamp.

[GaiaAlan 15]

10 minutes ago, Hypnos said:

I would further add that there's nothing stopping you from filing an I-90 online right now for free (on the basis of a USCIS error) and then taking the I-90 instant receipt you will receive to the Infopass to obtain an I-551 stamp.

That’s a good tip. I eventually have to send my original card to USCIS and from all other advise I have got on here the paper filing is what is required. However submitting it online will give me an instant receipt for the stamp. If I do mail across the i90 package today, when can I expect the receipt reply mail from USCIS ?

[Hypnos 6,576]

Usually within 30 days.

 

I believe online I-90 has opened to be able to file even on the basis of a USCIS error now. That is the fastest way to do it.

 

https://www.uscis.gov/file-online

Edited February 13, 2018 by Hypnos

[NikLR 13,220]

Answer provided

Edited February 13, 2018 by NikLR

[pushbrk 12,083]

4 hours ago, Khallaf said:

when you are granted a green card, you are granted the one from approval or POE, like if visa approved before the 2 year but you didn't enter to USA till after the 2 years wouldn't you still have to do the ROC?

This is wrong.  An immigrant spouse is entitled to IR1 status if their first immigrant entry occurs after two years of marriage, even if it's just one day.

[TNJ17 1,329]

If you were issued a CR1, then you can only get the two year GC. Even if you entered POE after your 2 yr anniversary, you were issued your visa before your anniversary. In order to get the 10 yr GC, you needed to have been married 2 + years from the date of issue. POE was right to issue a 2 yr GC. You have to file to get the 10 yr one. I’m not sure if you can file now or if you have to wait for the 90 days before expiration date. But you were issued the correct one. 

[Crazy Cat 39,138]

2 minutes ago, TNJ17 said:

If you were issued a CR1, then you can only get the two year GC. Even if you entered POE after your 2 yr anniversary, you were issued your visa before your anniversary. In order to get the 10 yr GC, you needed to have been married 2 + years from the date of issue. POE was right to issue a 2 yr GC. You have to file to get the 10 yr one. I’m not sure if you can file now or if you have to wait for the 90 days before expiration date. But you were issued the correct one. 

This is incorrect. IR-1 is based on POE date, not issuance of the visa.  If POE is after 2 year wedding anniversary, IR-1 is appropriate.

Edited February 13, 2018 by missileman

[geowrian 22,335]

9 minutes ago, TNJ17 said:

If you were issued a CR1, then you can only get the two year GC. Even if you entered POE after your 2 yr anniversary, you were issued your visa before your anniversary. In order to get the 10 yr GC, you needed to have been married 2 + years from the date of issue. POE was right to issue a 2 yr GC. You have to file to get the 10 yr one. I’m not sure if you can file now or if you have to wait for the 90 days before expiration date. But you were issued the correct one. 

Incorrect. You can be issued a CR-1 visa but be become an LPR with a 10 year green card fine.

 

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

First sentence: "Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. "

[Ahoy01 31]

Please do keep us posted on how it turns out

[GaiaAlan 15]

So here’s an update -

the online i90 application option now provides for DHS error cases to also use it, which is the case for such scenarios where the two year anniversary date was crossed at POE but a CR1 stamp was put in by the cBD officer. The online system is intelligent enough to not charge you any fees for such cases and allows you to upload all your relevant documents including a cover letter explaining your situation.

Thats what I did on the 13th and was assigned a receipt number immediately. On the 17th the case status updated itself saying that a biometric appointment has been scheduled for me and the details have been mailed out to me. Also available online is the receipt notice (which they say has been mailed as well). 

Now I have also separately scheduled an info pass appointment at my local USCIS office for the 27th to get a temporary i551 stamp on my passport which I hope to use to extend my driving licence that ends in April. Hopefully they don’t turn me down saying there’s plenty of time till my current green card expires. Although that isn’t ideal but it’s just a matter of scheduling another infopass appointment in that case I suppose. 

Now I’m eagerly awaiting the biometric appointment letter and notice of receipt letter in my mail (although I already have the notice of receipt letter available online ).

Will keep all updated.

[GaiaAlan 15]

So I was wondering 

While the i90 application processes my wrong CR1 Card will reach its expiration - would that result in an automatic initiation of removal proceedings against me? Since I’m still considered a conditional resident in the USCIS database until the i90 process to correct this completes