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GaiaAlan

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

By GaiaAlan in General Immigration-Related Discussion

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GaiaAlan Contributor

GaiaAlan   15

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Filed: Citizen (apr) Timeline
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Hi folks,

 

So I was wrongly assigned a CR1 green card even though I was eligible for a 10 year IR1 Card at POE and I have started an i90 application to get this corrected. Now this process may take many months and in the meantime my CR1 expiration date will approach. My question here is that when this date does come by will an automatic removal process be initiated against me ? since till the i90 process to correct my status hasn’t completed, I assume I would be classified as a CR1 resident in the USCIS database ? If anyone who has been in this scenario here or come across a case like this - it would be great if you can tell us of your experience. 

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Crazy Cat
Crazy Cat

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.

pushbrk
pushbrk

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

geowrian
geowrian

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/remo

TBoneTX Grand Master

TBoneTX   43,002

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Filed: Citizen (apr) Country: Ecuador
 Timeline
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The above post has been merged into the existing thread on the topic.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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No. You are an LPR entitled to an unconditional green year green card. The fact that you have a conditional two year green card is USCIS' fault, not yours. 

 

As long as you file your I-90 specifically seeking a corrected ten year unconditional green card then you should be fine, and can obtain I-551 passport stamps on that basis. The stamps will probably last for around a year each. 

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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GaiaAlan Contributor

GaiaAlan   15

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Filed: Citizen (apr) Timeline
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Posted (edited)

Hey everyone - it’s been a while since I’ve been back here. The last update was that we had applied to get my CR1 card corrected to IR1 since we had completed 2 years at the POE. Here’s an update - I got a denial decision notice online on the 21st of September but no letter - as advised by the online notification I raised a request for a copy on the 6th of October but no letter still. The online request said that I will be getting the communication by the 29th of ocotober so there are a few more days left. I am worried though as to what the letter will say - any clues ? I assume it’ll say that i have to apply to get my conditions removed but by when since at the time of applying for the correction I was provided a one year CR1 stamp on my passport which goes on till March 2019. ( my original CR1 period ended April 2018). 

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