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

[GaiaAlan 15]

Hi folks,

i entered the US a day after my 2 year marriage anniversary so as per the uscis rules I should have got a 10 year green card. However the officer at the POE assigned a 2 yr CR1 green card that is up for removal of Conditions this April. Can I approach the USCIS now to get this corrected via an info pass appointment or some other way now or is going through the removal of conditions process my only way to go?

 

Thanks in advance,

Alan

[bakphx1 789]

You can get it corrected.  Make the appointment. 

[GaiaAlan 15]

46 minutes ago, bakphx1@aol.com said:

You can get it corrected.  Make the appointment. 

 

Thanks for the reply - Infopass appointment you mean ?

Would it be an issue that my current CR1 green card is about to expire in 2 months time and the i90 process to get it corrected can take up to 6 months ?

[NikLR 13,227]

Why did you not correct this asap? And an infopass is an appt at your local office.  This way you can send the I-90 and have a stamp in your passport that acts as a green card. 

[pushbrk 12,969]

You correct this with an I-90, not an infopass appointment.  It's their mistake, so don't pay a fee.

[GaiaAlan 15]

3 hours ago, NikLR said:

Why did you not correct this asap? And an infopass is an appt at your local office.  This way you can send the I-90 and have a stamp in your passport that acts as a green card. 

I thought I have to mail the i90 form to a specified address - can I also just submit at my local uscis office via an info pass appointment?

[GaiaAlan 15]

1 hour ago, pushbrk said:

You correct this with an I-90, not an infopass appointment.  It's their mistake, so don't pay a fee.

Yes that’s what I thought - but when I mail the i90 out do I get any reply that automatically extends the end date to some date in the future (one year as in the case of removal of conditions ) while the card is being processed at their end ?

Edited February 13, 2018 by GaiaAlan

[NikLR 13,227]

1 hour ago, GaiaAlan said:

I thought I have to mail the i90 form to a specified address - can I also just submit at my local uscis office via an info pass appointment?

No you need to mail it.  The only reason an infopass is being suggested is so that you have an I-551 stamp since you're worried about not having a green card.  Im have no idea if the uscis will send you an noa or not.  

[NikLR 13,227]

~~moved to general immigration from IR1/CR1 process and procedures.  Topic is not about the IR1/CR1 process but about correcting an already existing green card. ~~

[Binna 108]

6 hours ago, NikLR said:

Why did you not correct this asap?

@GaiaAlan you didn't answer this question. You should have flagged this with a simple I-90 right after you received your GC with conditions. 

 

It will be interesting to see what response you get from USCIS after waiting almost 2 years to file for correction. Please keep us posted and good luck.

[GaiaAlan 15]

28 minutes ago, Binna said:

@GaiaAlan you didn't answer this question. You should have flagged this with a simple I-90 right after you received your GC with conditions. 

 

It will be interesting to see what response you get from USCIS after waiting almost 2 years to file for correction. Please keep us posted and good luck.

Sorry I missed that question - it just slipped past our mind with the multiple relocations we have made.

I mean if we really have no other way then I can apply for the removal of conditions and pay up the 600+ fees for the same, but the original mistake was from their end so it would be ideal if it can be corrected with the lesser amount of paperwork + cost a correction would require as opposed to removal of conditions. I called uscis on their customer service number and understandably without actually seeing the documents they cannot advice much - the lady on the line did suggest making a infopass appnt and getting it first checked by a officer so the next course of action can be confirmed. My only worry is that once I go ahead with the i 90 route (if the officer at the local office also agrees) then how to do I retain my valid resident status with a green card that has an expired date.

You did mention a i551 stamp on my passport would serve that purpose - I assume I would have to make another infopass appointment to get that done some time after I submit the I 90 ? 

[NikLR 13,227]

No you can do it all in one infopass.  Obviously you don't have to ROC. 

[GaiaAlan 15]

6 minutes ago, NikLR said:

No you can do it all in one infopass.  Obviously you don't have to ROC. 

Sorry I missed the context of your reply there - do it all as in submit the i90 and also get the i551 stamp in one visit ? 

[Khallaf 650]

10 hours ago, NikLR said:

Why did you not correct this asap? And an infopass is an appt at your local office.  This way you can send the I-90 and have a stamp in your passport that acts as a green card. 

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?

[geowrian 22,337]

2 minutes 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?

Nope. The 2 year anniversary threshold 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).

Edited February 13, 2018 by geowrian