Husband received conditional greencard despite being married 5 years

[Mike E 11,723]

28 minutes ago, Insha said:

A CR1 

And when he is entered  the USA on his CR-1, were you married 2 or more years?

Edited December 26, 2021 by Mike E

[Insha 17]

1 minute ago, millefleur said:

Only USCIS can update the card to IR-1. I-90 is the proper method, USCIS is just refusing to understand the situation it sounds like.

I spoke to a lawyer (random free consultation one from google) who said there's not much I can do and basically just advised us to file to remove the conditions and pay the fee and to have him apply for citizenship next March since it'll be 3 years by then. 

Just now, Mike E said:

And when he is better the USA on his CR-1, were you married 2 or more years?

We have been married since 2016 so 5 years now, going on 6 years in July.

[Mike E 11,723]

6 minutes ago, Insha said:

I spoke to a lawyer (random free consultation one from google) who said there's not much I can do and basically just advised us to file to remove the conditions and pay the fee and to have him apply for citizenship next March since it'll be 3 years by then. 

If your spouse should have received a 10 year green card then my observation of others experiences is USCIS will deny the I-751.  

Verify if your lawyer is a member of your state bar and also listed in https://www.ailalawyer.com/

 

Your lawyer is wrong.  
 

Quote

We have been married since 2016 so 5 years now, going on 6 years in July.

So that isn’t what meant to ask.  Let me try  again. 
 

On the day your spouse entered the USA on the CR-1 visa, had you two been married to  each other at least 2 years?
 

 

Edited December 26, 2021 by Mike E

[Insha 17]

2 minutes ago, Mike E said:

If your spouse should have received a 10 year green card then my observation of others experiences is USCIS will deny the I-751.  

Verify if your lawyer is a member of your state bar and also listed in https://www.ailalawyer.com/

 

Your lawyer is wrong.  
 

So that isn’t what meant to ask.  Let me try  again. 
 

On the day your spouse entered the USA on the CR-1 visa, had you two been married to  each other at least 2 years?
 

 

Yes when he entered the U.S we were 4 years into our marriage. We married in 2016, he entered in 2020

[millefleur 5,037]

Just now, Insha said:

Yes when he entered the U.S we were 4 years into our marriage. We married in 2016, he entered in 2020

It's odd because if you file the I-751 they will see that on the application, and if you make it to the interview they will probably ask "How long have you been married?" or "When did you marry?" and it will become apparent the whole thing is a mistake. It's just not adding up, you need the IR-1 card and ROC makes no sense here.

[Mike E 11,723]

Just now, Insha said:

Yes when he entered the U.S we were 4 years into our marriage. We married in 2016, he entered in 2020

I would just file N-400 once he is eligible, if he is interested in naturalizing, and get I-551 stamps as needed.  And keep filing I-90 requests.  They are free except for the postage. Eventually you will get an IO with a clue. 

[Insha 17]

2 minutes ago, millefleur said:

It's odd because if you file the I-751 they will see that on the application, and if you make it to the interview they will probably ask "How long have you been married?" or "When did you marry?" and it will become apparent the whole thing is a mistake. It's just not adding up, you need the IR-1 card and ROC makes no sense here.

Right?? I keep insisting that to the agents on the phone and all I get from them is its based on the date I filed originally in 2016. But with that logic, every marriage based visas should be Conditional then 🤔. Right now I will set an in person appointment to speak to them, and reach out to the congressman as well.

[arken 4,197]

Soemtimes if you did not check the correct options on i90 they will reject it as they will not research on whose and where the error was. So look into if you did nit select the correct options. File i90 again and make sire you pick the right options.

[millefleur 5,037]

2 minutes ago, Mike E said:

I would just file N-400 once he is eligible, if he is interested in naturalizing, and get I-551 stamps as needed.  And keep filing I-90 requests.  They are free except for the postage. Eventually you will get an IO with a clue. 

File the I-90 again, include a letter explaining the situation with date of entry and how long you had been married. Include a copy of the marriage certificate. Include a copy of is original CR-1 visa with entry stamp. Throw all evidence at them possible to show this is an error on their end.

 

1 minute ago, Insha said:

Right?? I keep insisting that to the agents on the phone and all I get from them is its based on the date I filed originally in 2016. But with that logic, every marriage based visas should be Conditional then 🤔. Right now I will set an in person appointment to speak to them, and reach out to the congressman as well.

The USCIS phone staff are notoriously misinformed. You need to talk to an officer. Infopass should suffice for that. I would make an Infopass and then bring your I-90 plus all evidence I mentioned above and ask them if this is enough to prove the error. Insist that you need an Infopass appointment in person. When does his conditional GC expire?

[Crazy Cat 39,266]

I agree with @millefleur.  Refile the I-90 with a letter.  I would not file an I-751.  

[Insha 17]

2 minutes ago, millefleur said:

File the I-90 again, include a letter explaining the situation with date of entry and how long you had been married. Include a copy of the marriage certificate. Include a copy of is original CR-1 visa with entry stamp. Throw all evidence at them possible to show this is an error on their end.

 

The USCIS phone staff are notoriously misinformed. You need to talk to an officer. Infopass should suffice for that. I would make an Infopass and then bring your I-90 plus all evidence I mentioned above and ask them if this is enough to prove the error. Insist that you need an Infopass appointment in person. When does his conditional GC expire?

It expires in March of 2022 so in 3 months. I will refile another I90 and continue to set up an in person appointment asap.

[Mike E 11,723]

1 minute ago, millefleur said:

.

 

The USCIS phone staff are notoriously misinformed. You need to talk to an officer.

Agreed but more precisely they need to talk to a tier 2 officer.  
 

I do believe than a request for an I-551 stamp, which would result in an encounter with a senior tier 2, would get this resolved.  

[millefleur 5,037]

1 minute ago, Insha said:

It expires in March of 2022 so in 3 months. I will refile another I90 and continue to set up an in person appointment asap.

OK that's perfect because you can also use Infopass as a reason to get him an I-551 stamp when you explain to them in person the I-90 problem.

[mushroomspore 3,043]

1 hour ago, Insha said:

The border agent did tell him it needs to be updated to an IR1 but he didn't update it for him he just told him to get it updated. Do you know how we can update it or should we go to a USCIS office and request and update?

I already answered your question about updating it: go to a Deffered Inspection Location and verify the error with CBP and have them update it from their end and then file a new I-90 with very clear cut la guage about your marriage date, date of entry and their own policy about 2 vs 10 year cards.

 

 The CBP officer should have updated it then and there. But now your husband has been recorded by CBP as entering on a CR-1 when they should have recorded him entering on an IR-1.  The exact status that a person is recorded entering the US with is extremely important and all government agencies will argue that it is the traveler's responsibility to ensure all information is correct. USCIS is not the same as CBP. They do different things and are run independently from each otber but work together so you should also go to a Deferred Inspection Location to have CBP update it on their end. 

 

FYI: I've been to a Deferred Inspection location once because the agent stamped my passport as "B2 Tourist/Visitor" when I was actually entering with my F-1 student visa. I didn't realize until I got home and my school's international advisor told me to go to the Deferred Inspection office because obviously I was not a tourist at the time. I went, they changed it and all was fine.

 

Side note: why is the site showing ads with a really gross image of a person's hand with holes and worms coming out of it?? I'm here to help people, not get grossed out?! 😬

Edited December 26, 2021 by mushroomspore

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