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winnhump

I was approved CR1 but got approved for IR1 by immigration officer

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Hello, I was married Sept. 20, 2009 to an american and we filled the petition Jan. 2010 we had some bumps during our petition but to make the story short I got approved and was issued a CR1 on Oct. 2011 and came in US 8 months pregnant at Dec 7, 2011. But the immigration officer stamped my passport as IR1. US gave me a green card that expires on 12/07/2013. Now my question is should I appeal since I came to the US after our two years of marriage and to save all that money from filling for my 10 years visa. I know it is kinda late for me to do it but I had a baby and so was busy and didn't even mind it but now that my 2 years is almost up I need to act on this quick. Thank you.

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Scheduling an Infopass appointment to see if this can be corrected is not a bad idea. At the very least you'll get instructions on how to proceed. It's also a reasonable estimation you didn't catch the error. You might also try talking to an immigration attorney for feedback or suggestions on your petition.


26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

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winnhump,

I went through the same experience. During my wife's interview at the Vietnam Consulate, the officer asked me to come to the interview booth. He told me that I have two choices (a) my wife is issued a CR1 or (b) wait it out 3 more month (to satisfy 2 years of marriage) and then apply for the IR1. Since she was already approved for the CR1, we went with Option A. There was no telling what would happen if we waited...even if it was a day. In my situation, 585 dollars to remove the conditional status is manageable. When we arrived in the US, she was issued a IR1 stamp on her U.S. Visa. A week later, here green card came in the mail with CR1 stamped on it along with a letter stating that in two years we are required to apply to remove the conditional status or risk deportation. Well the two years is up and the USCIS sent us a friendly reminder to file 90 days before the green card expiry date.

We also had an issue on the USCIS mail coming to our address. Her first name is two words. The USCIS would send mail with her first name as one word. I called the hotline number and the operator clearly explained to me the reason.

I would go with calling the USCIS hotline or making an appointment. They may make a claim that signing the entry letter for correctness (when your packet is collected at the airport) waives responsibility for errors by the USCIS. I would definately make an appointment with INFOPASS to see what the options are.

GOOD LUCK!

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Moved from IR-1/CR-1 Process & Procedures to Removing Condtions on Residency Discussion.

**Organizer hat off**

filling for my 10 years visa.

You file for a green card with 10 years validity, not a 10 year visa.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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It's worth a shot, if I were you I would ask to get the conditional changed since you were married more than two years by time you were approved. As someone else suggested I'd try INFOPASS. If that doesn't work call and ask to speak to a supervisor.

Good thing is you have about 4 months to push for the change and if it doesn't work you have enough time to submit ROC.

Let us know how it goes.

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