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LunaSky

CR1 visa but entered after 2nd anniversary

By LunaSky in Moving to the US and Your New Life In America

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LunaSky Contributor

LunaSky   7

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Hi guys,

 

This is my situation and I would appreciate your input..

 

I was issued a CR1 visa by the embassy, but I entered the US after my 2nd anniversary (it should trigger IR1).

Now, I mentioned that to the officer and he said he must stamp the passport as per visa ie CR1 and that I should contact USCIS to update it to IR1..... (I insisted that it should be IR1 at entry to no avail)

 

The following day I contacted USCIS explained the situation and the lady told me I have to fill an I-539 (change of status) and that costs $370...

 

Is that correct? I'm sure I read it here somewhere that it should be free and perhaps another form?

 

Can someone point me in the right direction pls..

 

Thanks all

 

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Crazy Cat Grand Master

Crazy Cat   39,177

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What the CBP agent stamped is irrelevant.  He/she does not determine whether you receive a 2 year card or a 10 year card.  Your card will be determined based on your record of marriage and date of entry.  However, the lady you spoke with is wrong.  You do not require a change in status.  If you receive a 2 year card in error, just fill in an I-90 for USCIS mistake to receive a corrected card.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Allaboutwaiting Experienced

Allaboutwaiting   2,480

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You could go to your nearest deferred inspecting point to check what was input in the system and get anything corrected if needed. 

 

In case you are issued a 2 year GC you can file an I-90 -no fee- and get it corrected (though hope that's not necessary).

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Mike E Grand Master

Mike E   11,722

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2 hours ago, Crazy Cat said:

What the CBP agent stamped is irrelevant.  He/she does not determine whether you receive a 2 year card or a 10 year card.  Your card will be determined based on your record of marriage and date of entry.  However, the lady you spoke with is wrong.  You do not require a change in status.  If you receive a 2 year card in error, just fill in an I-90 for USCIS mistake to receive a corrected card.  

Agreed and note that filing I-90 is both free and can be done online.  

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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*** Moved from IR1/CR1 Process & Procedures to Moving to the US forum -- OP is done with the visa process ***

 

14 minutes ago, LunaSky said:

apparently I will only receive my SSN after receipt of GC.... to avoid duplicating SSN (as per SSN agent)

 

Well, you already have a GC, although a temporary one, right there in your passport.  Your visa + the CBP stamp serves as your GC for 1 year after entry.

 

If you checked the DS-260 option to apply for SSN, you may get it long before your plastic GC is mailed to you.  SSA usually mails it a week after US entry.  If you do not receive your SSN card in the mail a month after POE, book an appointment at an SSA office to apply for SSN in person.  You do not need the plastic GC to do so.

 

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Crazy Cat Grand Master

Crazy Cat   39,177

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Filed: Citizen (apr) Country: Taiwan
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41 minutes ago, LunaSky said:

Thank you so much guys....

 

Another thing, apparently I will only receive my SSN after receipt of GC.... to avoid duplicating SSN (as per SSN agent) 🤷‍♀️🤦‍♀️....

I guess I just have to wait......

If you checked the box on the DS-260 for a SSN, then the card should be sent to you automatically in a few weeks to a few months.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Mike E Grand Master

Mike E   11,722

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Filed: Citizen (apr) Country: Myanmar
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59 minutes ago, LunaSky said:

So is the Alien number the same as your GC number???

xxx

Your green card number is your alien (aka USCIS number).  
 

Not all alien numbers are green card numbers. 
 

Your green card number should be the same as the immigration visa’s registration number.  

Edited by Mike E
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Happylovelife111 Contributor

Happylovelife111   2

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On 2/17/2022 at 8:51 AM, LunaSky said:

Hi guys,

 

This is my situation and I would appreciate your input..

 

I was issued a CR1 visa by the embassy, but I entered the US after my 2nd anniversary (it should trigger IR1).

Now, I mentioned that to the officer and he said he must stamp the passport as per visa ie CR1 and that I should contact USCIS to update it to IR1..... (I insisted that it should be IR1 at entry to no avail)

 

The following day I contacted USCIS explained the situation and the lady told me I have to fill an I-539 (change of status) and that costs $370...

 

Is that correct? I'm sure I read it here somewhere that it should be free and perhaps another form?

 

Can someone point me in the right direction pls..

 

Thanks all

 

Hi there, did you end up getting cr1 or ir1?

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TBoneTX Grand Master

TBoneTX   43,014

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Filed: Citizen (apr) Country: Ecuador
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Posts here have been removed because they duplicate at least one other thread begun by their author.  Please post just once on a topic, and avoid hijacking others' threads.

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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