Married for More Than 2 Years, Issued CR!?

[redstarwarrior 0]

We had our interview back in January and my wife was approved for her visa. Instead of entering immediately, we waited until February 21st (the day after our two-year anniversary) to have her enter the country.

The problem is that the border agent issued her the two-year conditional residency instead of the ten-year immediate relative one that we should have been issued. When he asked me to sign the understanding about the conditional, I initially refused, stating that we had been married more than two years. He said that the documents had CR-1 on them, but I said I was sure that they looked at the time of entry to determine whether or not it would be conditional. He refused to even consider looking into it, so I signed the stupid acknowledgement, not wanting her to be turned away (considering we had her entire life packed away in the trailer I was hauling).

My question is what do I do now?

I was looking at possibly setting up an appointment at my local USCIS office, but that is over two hours away and I'd hate to take off of work (since I'm supporting both of us at the moment). Is there someone I can call to get this straightened up? The National Customer Service Center was pretty useless last time I called, but I was going to call again.

[pushbrk 13,647]

We had our interview back in January and my wife was approved for her visa. Instead of entering immediately, we waited until February 21st (the day after our two-year anniversary) to have her enter the country.

The problem is that the border agent issued her the two-year conditional residency instead of the ten-year immediate relative one that we should have been issued. When he asked me to sign the understanding about the conditional, I initially refused, stating that we had been married more than two years. He said that the documents had CR-1 on them, but I said I was sure that they looked at the time of entry to determine whether or not it would be conditional. He refused to even consider looking into it, so I signed the stupid acknowledgement, not wanting her to be turned away (considering we had her entire life packed away in the trailer I was hauling).

My question is what do I do now?

I was looking at possibly setting up an appointment at my local USCIS office, but that is over two hours away and I'd hate to take off of work (since I'm supporting both of us at the moment). Is there someone I can call to get this straightened up? The National Customer Service Center was pretty useless last time I called, but I was going to call again.

Wait until the actual green card arrives. If it says CR1 and expires in two years, file an I-90, pay no fee and return the green card to be reissued properly. Chances are, the correct card will come in the mail. Welcome to the USA.

[redstarwarrior 0]

Wait until the actual green card arrives. If it says CR1 and expires in two years, file an I-90, pay no fee and return the green card to be reissued properly. Chances are, the correct card will come in the mail. Welcome to the USA.

The correct card did not come and USCIS has been less than helpful. I was told that if the visa information was stamped incorrectly by the border agent, that it is not the fault of the office.

I don't know what to do, but it is making me a little upset.

[LPRUS 0]

You have every reason to be upset. Perhaps you should set up an appointment with your local USCIS office after all. Bring the necessary documents that prove your marriage was more than 2 years old at the time of her POE. I'd complain with CBP too about that officer but I don't know how that's done or what the consequences could be.

[sheeshkabelle 153]

The correct card did not come and USCIS has been less than helpful. I was told that if the visa information was stamped incorrectly by the border agent, that it is not the fault of the office.

I don't know what to do, but it is making me a little upset.

Keep calling until you get someone who will listen to you.

If all else fails book an appointment to get someone to listen to you. I know it's a day off work, but what's more expensive, adjusting status in two years or taking a day off work?

[JeviMan 25]

I had an issue almost like that...I'm married 2 years and 6 month... My petition was F2A. after 1 year I became citizen, so I sent my Naturalization to NVC to Upgrade my classification from F2A to IR1... after 2 day I sent my naturalization and they sent me an Email saying that my new classification is CR-1. I catch that right of way, So I call NVC and I told them I have 2 year and 6 month married with my wife and I qualify for an IR1 no for a CR1 and they just told me to email them a copy of my marriage certificate and then they fix it.

[pushbrk 13,647]

The correct card did not come and USCIS has been less than helpful. I was told that if the visa information was stamped incorrectly by the border agent, that it is not the fault of the office.

I don't know what to do, but it is making me a little upset.

Then channel your energy to careful reading and focused action. You don't need help and certainly don't need the "help" of USCIS misinformation line. You need to act. When you posted the above, you quoted this. Now.....do it.

Wait until the actual green card arrives. If it says CR1 and expires in two years, file an I-90, pay no fee and return the green card to be reissued properly.

[Darnell 8,479]

since you just came across the border, and the green card has not been printed yet -

I suggest you get into a local CBP office, one that handles secondary inspection / deferred inspection,

then

talk with the supervisor on duty.

No appointment needed, just walk in.

One of their goons refused to do his job, it's on that border patrol goon to listen to you, review documents, and work the keyboard.

Alas, IMO, you should have asked for a supervisor whilst in the line, as 'that fella' didn't know his job.

Why to go to Deferred Inspection? to CORRECT your entry record.

[sheeshkabelle 153]

OP has already stated his wife POE'd in February and the card came back with CR-1, instead of IR-1.

First do what Pshbrk suggested and file the I-90, send a copy of your marriage certificate and the wrong green card and you should get an IR-1 card back in a few weeks.

My husband and I plan the same thing in June, from your experience, I'll know to keep an eagle eye on them and take documentation showing they should issue him the IR-1. I also plan on gently asking our interviewing CO in Montreal to issue an IR-1 on the paperwork, or include some kind of notation, since he will not move until after our second anniversary. (we will probably interview close to then anyway)

[Darnell 8,479]

ah? card already arrived? sorry, I missed that in it's entirety.

To the OP - follow the steps Pushbrk outlined to you. Todayish.