Customs officer accidentally gave CR1 Visa

[jackiegringa 380]

You can file for i-751, it's gonna take longer than 20 months most likely and it will be denied because your wife is not a conditional permanent resident.

 

The i-90 is the form she needs to file, the current green card will be in her possession until later in the process when they ask to return it. There's a good chance it will be done before the expiration date of December 2024 and if it's not she can now get ADIT stamps via mail.

 

I understand she is worried about ice and all but she's a permanent resident, correct green card on hand or not - it's good for her to get this through her head now, she has rights and can't be stripped from her status easily.

Edited March 31, 2023 by jackiegringa

[Crazy Cat 39,911]

2 hours ago, xzsca10 said:

Arrived on Dec 28th, 2022.

Married on Dec 26th, 2020. 
 

 

My wife had a pretty abusive experience with ICE in the past from overstaying her visa waiver program when she was just visiting here from Europe. They detained for several months. She prefers to do an interview for 751 than risk of being detained or questioned. 

There is no reason to file the I-751 if she entered the US via a CR-1/IR-1 visa 2 years after marriage.  There is no choice here.  File the I-90 to correct the card.  If she wants evidence of her status, get an infopass appointment for an ADIT stamp.  

 

Edited March 31, 2023 by Crazy Cat

[Crazy Cat 39,911]

Some people are receiving corrected Green cards in just a few days. Don't complicate things by filing an unneeded I-751.

Edited March 31, 2023 by Crazy Cat

[Mike E 11,730]

3 hours ago, xzsca10 said:

My wife had a pretty abusive experience with ICE in the past from overstaying her visa waiver program when she was just visiting here from Europe. They detained for several months. She prefers to do an interview for 751 than risk of being detained or questioned. 

 

Oh my.
 

On the principle of happy wife, happy life,  if money is no object, you can do both.

Here is a 4 point plan to present to her, that should ease her fears.

 

First, before filing I-90 try this:

 

https://egov.uscis.gov/e-request/Intro.do

 

click on “typographic error” 

 

I have read that when this is done quickly, I-90 (which is usually a death march), can be avoided.

 

Second, if a new card is not in production within 30 days after the typo request, file I-90 online.

 

Optional step 2B: hire an attorney to wage a writ of mandamus and APA lawsuit if 12 months after I-90 is filed, still no 10 year gc.

 

Third use the 30 days between now and I-90 to get an SS card and REAL ID if not done already.

 

Step 4 is after the below quote:

 

3 hours ago, xzsca10 said:

Arrived on Dec 28th, 2022.

Married on Dec 26th, 2020

Sigh.
 

Fourth, if still no 10 year gc by September 29, 2024, file I-751. With it,  include a copy of the I-90 receipt and  typographic error log. In the cover letter excerpt the images of the date of marriage from the marriage certificate, the “resident since” date from the 2 year gc, and the date of entry from the stamped visa.

 

I think it is better than

 

* 50 percent probability I-751 will be rejected with money returned, and if not,

 

* 90 percent probability I-751 will be denied (because she is not required to RoC) with money not returned   if I-751 is adjudicated separately from any N-400,

 

* 99  percent probability I-751 will be denied (because she is not required to RoC) with money not returned   if I-751 is adjudicated by the ISO  adjudicating N-400,

 

1 hour ago, EM_Vandaveer said:

That makes no sense, to be honest

 

57 minutes ago, Crazy Cat said:

Don't complicate things by filing an unneeded I-751.

Generally i would agree with both of you and advise her to stand her ground and refuse to file I-751. But I am sensing she suffered a severe trauma at the hands of ICE. You should binge on Orange Is The New Black to get a sense of what was done to her.

 

What is the value of sleeping peacefully at night? More than $680 or $1195. 4 years of peace is 3.4 cents per hour and 10.2 cents per hour of sleep.

 

 

 

Edited March 31, 2023 by Mike E

[mindthegap 2,550]

It isn’t a choice - you aren’t eligible to file an I-751. The card was issued in error - and USCIS’ error at that - so can be and should be corrected free of charge. Sure, they will take your cash if you file a pointless i-751, keep you waiting for years and do absolutely nothing with it when someone realises. 

There is a ‘typographic error’ option buried somewhere on the USCIS filing site. Use that, and make an infopass appointment to speak to a human. You can get this corrected quickly. 
 

The ICE fear is unfounded in this instance. She is a permanent resident and remains so. 

Edited March 31, 2023 by mindthegap

[Allaboutwaiting 2,500]

File the I-90 and as soon as it is done, call customer service and ask for an ADIT stamp to be mailed to your home. 

 

I agree with everyone that suggests NOT filing the I-751. Better use that money to get her therapy for PTSD. Once she feels better and ready, she can decide if it is worth filing a complaint regarding the abuse she was victim of. 

 

And please, if you can, do something to stop her from chatting with an AI bot or doing whatever that can cause further harm to her already fragile state. 

 

If you go for the typographic error, here's the link:

https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError

 

 

Edited March 31, 2023 by Allaboutwaiting

[Mike E 11,730]

 

One thing I learned too late in my career, is that you do not  

 have to say “no” today to decisions that that can be easily changed tomorrow. Even decisions you are confident will be no when action has to be taken.

 

Telling her “no you are not going to file I-751 18 months from now” merely inflames here angst and trauma. And if I  were her, and my husband told me I cannot file I-751 (especially because some internet strangers told him I cannot) I would be furious.

 

If is her green card, her LPR status, and her life. She can do whatever she wants.

 

Say yes to I-751 today, and spend the next 18 months making that decision moot. 

I am out.

 

 

[milimelo 4,291]

File I-90 (no fee) AND then involve your congressman or senator's immigration aide under help with federal agencies to follow through (direct line of communication with USCIS). You'll need to file a release of info form so they can represent you but once they're on the case it moves pretty fast. My senator was useless (well his aide) but congressman's staffer was awesome. 

[Unlockable 7,309]

*** Threads of the same topic merged. Please do not make more than one thread per topic.

 

VJ Moderation

[xzsca10 33]

4 hours ago, Mike E said:

 

Oh my.
 

On the principle of happy wife, happy life,  if money is no object, you can do both.

Here is a 4 point plan to present to her, that should ease her fears.

 

First, before filing I-90 try this:

 

https://egov.uscis.gov/e-request/Intro.do

 

click on “typographic error” 

 

I have read that when this is done quickly, I-90 (which is usually a death march), can be avoided.

 

Second, if a new card is not in production within 30 days after the typo request, file I-90 online.

 

Optional step 2B: hire an attorney to wage a writ of mandamus and APA lawsuit if 12 months after I-90 is filed, still no 10 year gc.

 

Third use the 30 days between now and I-90 to get an SS card and REAL ID if not done already.

 

Step 4 is after the below quote:

 

Sigh.
 

Fourth, if still no 10 year gc by September 29, 2024, file I-751. With it,  include a copy of the I-90 receipt and  typographic error log. In the cover letter excerpt the images of the date of marriage from the marriage certificate, the “resident since” date from the 2 year gc, and the date of entry from the stamped visa.

 

I think it is better than

 

* 50 percent probability I-751 will be rejected with money returned, and if not,

 

* 90 percent probability I-751 will be denied (because she is not required to RoC) with money not returned   if I-751 is adjudicated separately from any N-400,

 

* 99  percent probability I-751 will be denied (because she is not required to RoC) with money not returned   if I-751 is adjudicated by the ISO  adjudicating N-400,

 

 

Generally i would agree with both of you and advise her to stand her ground and refuse to file I-751. But I am sensing she suffered a severe trauma at the hands of ICE. You should binge on Orange Is The New Black to get a sense of what was done to her.

 

What is the value of sleeping peacefully at night? More than $680 or $1195. 4 years of peace is 3.4 cents per hour and 10.2 cents per hour of sleep.

 

 

 

Hey Mike, top of the mornin'.

 

Cheers for that typographic link, I am blown away that there are things like this. I linked her this thread and she's feeling better from reading some of the responses here. 

 

We'll fill out this typographic form and wait. If nothing happens, she wants to stick to her guns and file the i-90 and get a congressman involved.

[xzsca10 33]

2 hours ago, milimelo said:

File I-90 (no fee) AND then involve your congressman or senator's immigration aide under help with federal agencies to follow through (direct line of communication with USCIS). You'll need to file a release of info form so they can represent you but once they're on the case it moves pretty fast. My senator was useless (well his aide) but congressman's staffer was awesome. 

 

Thanks boss, we will do this!

[xzsca10 33]

7 hours ago, jackiegringa said:

You can file for i-751, it's gonna take longer than 20 months most likely and it will be denied because your wife is not a conditional permanent resident.

 

The i-90 is the form she needs to file, the current green card will be in her possession until later in the process when they ask to return it. There's a good chance it will be done before the expiration date of December 2024 and if it's not she can now get ADIT stamps via mail.

 

I understand she is worried about ice and all but she's a permanent resident, correct green card on hand or not - it's good for her to get this through her head now, she has rights and can't be stripped from her status easily.

The current green card actually needs to be mailed with the i-90 form back. I verified this with USCIS support. But that's no issue for us anymore, we're OK with it.

[xzsca10 33]

@Mike E @mindthegap @Allaboutwaiting

 

Stupid question: Do you guys happen to know which form number to submit for the Typography submission? (https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError) 

 

I was thinking "i-90". I've been looking for what others did here, but can't really find any threads on this particular issue.

 

PRO Tip for the rest of the community😂: Dodge a budget and DON'T fly to Seattle when coming to USA -- NONE of the officers there have ANY experience of issuing an IR-1 instead of a CR-1 if you were over 2 years married upon entry. I spoke to 3 officers, no one felt comfortable doing it. I've heard SFO is great for entry given the influx of immigrants that come from there. 

 

 

Edited March 31, 2023 by xzsca10

[Allaboutwaiting 2,500]

1 minute ago, xzsca10 said:

@Mike E @mindthegap @Allaboutwaiting

 

Stupid question: Do you guys happen to know which form number to submit for the Typography submission? (https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError) 

 

I was thinking "i-90". I've been looking for what others did here, but can't really find any threads on this particular issue.

 

PRO Tip for the rest of the community😂: Dodge a budget and DON'T fly to Seattle when coming to USA -- NONE of the officers there have ANY experience of issuing an IR-1 instead of a CR-1 if you were over 2 years married upon entry. I spoke to 3 officers, no one felt comfortable doing it. I've heard SFO is great for entry given the influx of immigrants that come from there. 

 

 

I would use the I-130 form and the NVC case number - the IR1 visa one-.

 

BTW, for whatever issue at point of entry with CBP, there's something called "deferred inspection" where they fix mistakes made by other agents. 

[jackiegringa 380]

29 minutes ago, xzsca10 said:

The current green card actually needs to be mailed with the i-90 form back. I verified this with USCIS support. But that's no issue for us anymore, we're OK with it.

You could try filing online instead of mail, good luck on your process!