I-551 expired before I applied for green card

[Kazulie 132]

Hello All,

It's been a while since I've been on here. I think I royally screwed up.

My kids got here June 2, 2014. They were classified wrong on their visas and I got passed around from person to person with no real help as to how to fix it. I didn't want to get their green card until it was fixed because we were stamped for a 2 year green card when they were supposed to get a 10 year. 2 year meant more money, more immigration paperwork. At some point I talked to a head at border patrol and she told me I didn't have a time limit on when I had to file for their green cards, so I wanted to try to get the issue resolved before I applied.

I finally got fed up with the run around and just applied for the green cards and was going to take it from there. Well, that was 4 months ago and still no green card. Worrying, I inquired as to why it's taking so long and I found out that I was supposed to apply before one year of them being here. I applied one year and one month after them entering.

WHAT DID I DO?!?!? What's going to happen? Please help!

[dwheels76 5,468]

Hello All,

It's been a while since I've been on here. I think I royally screwed up.

My kids got here June 2, 2014. They were classified wrong on their visas and I got passed around from person to person with no real help as to how to fix it. I didn't want to get their green card until it was fixed because we were stamped for a 2 year green card when they were supposed to get a 10 year. 2 year meant more money, more immigration paperwork. At some point I talked to a head at border patrol and she told me I didn't have a time limit on when I had to file for their green cards, so I wanted to try to get the issue resolved before I applied.

I finally got fed up with the run around and just applied for the green cards and was going to take it from there. Well, that was 4 months ago and still no green card. Worrying, I inquired as to why it's taking so long and I found out that I was supposed to apply before one year of them being here. I applied one year and one month after them entering.

WHAT DID I DO?!?!? What's going to happen? Please help!

"Your status as a Permanent Resident does not expire with the stamp. The stamp (or the card) is proof that you have this status, though. And you obviously need this proof if, for example, you are traveling abroad and want to come back.

When you go the the local INS, you will get another stamp. You should also file an I-90 to get them to produce a new card, since it may well be that the old card processing request vanished somewhere within INS.

The cards are produced in special printing facilities, so you won't get it at the local INS."

Found this info fo you. INS is no more (USCIS). Make an INFOpass appointment. Come back tell us how it went.

[Ian H. 207]

I wrote a whole paragraph before I realized that there is no mistake, lol. Your kids received the proper visa, CR2. Your interview was BEFORE your second marriage anniversary according to your timeline, therefore you were supposed to be given a CR1 visa and your children CR2 visas.

Now, because you entered the US AFTER your second marriage anniversary, you will receive IR1 and IR2 green cards.

By the way, the visas may have expired, but they are still valid as a temporary I-551 for one year from the date of POE. So if you entered in June 2, 2014, they won't expire until June 2, 2015, so you can still use them as evidence of LPR status. But like stated above, even if your document expires, your status doesn't.

You didn't have to apply for new GC's until you received the first ones and make sure that they say IR1 and IR2, respectively. What you were supposed to do was check the receipt number that you were given when you paid the immigrant fee through ELIS to check on the status of the GC's.

Could you confirm if you checked that, or did you submit an I-90 for a GC never received?

[Kazulie 132]

My mistake. Kids entered in 2013. I didn't apply for their green card until 2014, 1 year, one month after they got here.

[Ian H. 207]

Ok, I see. What do you mean by applying for their green cards though? Did you pay the $165 immigrant fee? If you guys entered with immigrant visas, there is no green card to apply for. You would receive it automatically after a couple of months after having paid the immigrant fee. Could you elaborate further? I just want to make sure I understand the situation better so that I can tell you what you should/could do. Thanks.

[Kazulie 132]

Thanks for your help.

I paid the fee after their I-551 expired. A month after it expired.

Boys entered June 2, 2013.

I paid fee July 2, 2014.

Elis says payment has been accepted and is under review (or something along those lines). Has been like that since July.

[Ian H. 207]

Ok. I think understand everything now. So you didn't pay the immigrant fee until now because you thought that they were going to receive CR2 GC's, and you wanted to resolve that first, right?

Like I said before if the children's visas said CR2, they were correct because you guys weren't married for 2 years yet when your visas were approved. When they did POE after the second marriage anniversary, which was so in your case, they would receive IR2 GC's.

The reason I think why it may be taking so long is because you waited that long to pay the fee, and they probably have to go back and look for your case or something. That's my best guess. If the ELIS system says the payment was accepted and under review, it should be fine. Did you check the receipt number on the check my status page? See what status it gives you there.

If it's still under review, try calling customer service and give them the receipt numbers to see what they tell you. If they're no help, schedule an infopass appt so that you can get ADIT stamps for the children and at the same time inquire about the status of the GC's.

Their GC's should say IR2 even if the visas don't, so no need to worry about that. In the rare event that they come with CR2, then you can file I-90 at that point and it would be free. I assure you that the visas were correct as CR2 at the time they were given and that the GC should say IR2, despite what the visa says.

[Darnell 8,478]

ok - i think i got it also.

based on POE date of 2013-06-02, you just tripped over the marker for IR-1, IR-2 designation.

So, you are finally paying the green card fee at ELIS, 165 per human.

Before you do anything else, call into USCIS , get an ISO, and confirm/deny that the designation on spouse and kids is tagged as IR-1/IR-2.

If it is, great - go ahead and pay fees at ELIS.

IF IT IS NOT - get into the CBP office (secondary inspection) and ask them to fix the IR-2 designation (IR-1 also?)

Then wait a week, call back into USCIS, get ISO, ask which designation. If IR, great, pay at ELIS.

When you pay at ELIS, they 'freeze' things , so is best to get designation changed prior to fee payment.

Go Get Em, and Good Luck !

[Kazulie 132]

Thanks all!

Darnell, I've been all over the place trying to get them to confirm IR2 for the past year. I finally gave up and paid the fee back in July and figured I would see what green cards showed up and take it from there.

Problem is, it is now 4 months after paying fee and still no green cards.

Is it because their I-551 was expired by a month when I paid the fee? Am I in trouble for paying after expired I-551?

[Ian H. 207]

No, you are not in trouble, neither are they. LPR status isn't dependent on the validity of the I-551, or the I-551 endorsement, or ADIT stamp, hence the word permanent.

The problem is most likely because you took more than a year to pay the fee, they have to go and dig for your case. It normally takes up to 3 months to receive the GC when you pay the fee early, so I would assume it's normal for it to take longer if you paid the fee so late.

What you have to do, is schedule an infopass appointment, go with proof that you paid the fee, bring the passports (children probably have to be present as well) and ask them for ADIT stamps, which would be valid for one year as proof of LPR status. This can be used in the same way as the visa and stamp. While you're there, inquire about the status of the GC production.

[Darnell 8,478]

Thanks all!

Darnell, I've been all over the place trying to get them to confirm IR2 for the past year. I finally gave up and paid the fee back in July and figured I would see what green cards showed up and take it from there.

Problem is, it is now 4 months after paying fee and still no green cards.

Is it because their I-551 was expired by a month when I paid the fee? Am I in trouble for paying after expired I-551?

only one place to start,

an ISO with USCIS. this 'all over the place' seems specious, please try again, with an ISO. I've written loads on how to contact an ISO with USCIS, use the advanced search tool next.

as to the ELIS fee - you have 12 months in which to pay it (so says ELIS) after the POE event. What is status in the ELIS system as of NOW ?

I suggest you restudy my post, it's chock full of steps and if/then/else constructs.

[Ian H. 207]

I'm a bit curious, where do they say that you have to pay the fee within a year? I only saw that if you don't pay the fee that you won't receive your GC, but that it doesn't have an effect on your LPR status. Also that if you don't pay the fee the endorsement of LPR status will expire.

Failure to Pay

You will not receive a Green Card until you pay the required $165 USCIS Immigrant Fee. However, failure to pay the USCIS Immigrant Fee will not affect your lawful permanent resident status.

Edited October 31, 2014 by Ian H.