Customs officer accidentally gave CR1 Visa

[xzsca10 33]

18 minutes ago, Allaboutwaiting said:

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. 

wish i had sooner about the deferred inspection! information is power. Jesus.

But thanks for the info. will fill it out today.

[Allaboutwaiting 2,500]

Just now, xzsca10 said:

wish i had sooner about the deferred inspection! information is power. Jesus.

But thanks for the info. will fill it out today.

Be brief and clear when describing the error and entering the correction.

[mindthegap 2,543]

33 minutes 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 don't, sorry. but I would select I-90, and then I-90 initial issuance or replacement......or perhaps I-130, then i-130 US citizen filing for a spouse.

Then, later on in the form, there IS an option for the question 'what has the typographic error' and one of the answers is 'permanent resident card' with a box to describe the error and correction. 

 

As for the last point, CBP and USCIS is largely dependent on who you get. Luck of the draw unfortunately. Did you not ask for a supervisor?

 

 

In the grand scheme of things, overall, this hassle of getting this corrected should be far less than the time, stress, and wait for an I-751. 

Please re-assure your wife that she is, and remains, a permanent resident, and has rights that you do not have as a non-immigrant, so to put any fear of ICE or deportation out of her mind.

Even if you were to get an erroneous reminder to file an I-751 not file, and then get say, a denial letter for failure to file, it WOULD be immediately corrected by an immigration judge in your favour (if it ever went that far).

The law is crystal clear and on your side in this instance so try not to worry too much. 

Edited March 31, 2023 by mindthegap

[milimelo 4,259]

Form is I-90  - file it online. They'll probably take the wrong card at biometrics.

Do NOT file I-130, I-751. 

[Allaboutwaiting 2,500]

1 minute ago, milimelo said:

Form is I-90  - file it online. They'll probably take the wrong card at biometrics.

Do NOT file I-130, I-751. 

He means for the e-request for typographical error

[Crazy Cat 39,665]

I have seen a couple recent cases which had corrected cards returned fast.  I'm not sure it is the norm.

[xzsca10 33]

On 3/31/2023 at 4:02 PM, Crazy Cat said:

I have seen a couple recent cases which had corrected cards returned fast.  I'm not sure it is the norm.

This is the plan. Just submitted the typography correction form today, then will send out the card with i-90 form tomorrow

[xzsca10 33]

On 3/30/2023 at 4:24 PM, Allaboutwaiting said:

What you need to include is: 

1. GC with wrong classification 

2. Copy of marriage certificate highlighting date

3. Copy of the stamp on your wife's passport showing she entered on or after your 2nd anniversary

4. A letter explaining you mistakenly received a conditional GC

Hey filling out the i-90 form and according to the instructions it says to fill out the text boxes in Part 8 with evidence, but you're recommending to write a letter instead, i would prefer that but just double checking thats what you did? 

[xzsca10 33]

Just got an email response from uscis from the typography error form:

We cannot process changes requested by the beneficiary or a third party

 

 

i guess only petitioners can submit this form and not beneficiaries. Anyways, just got certified copies of certain docs so on to submit the I-90 hopefully today or tomorrow 

[xzsca10 33]

Can i file the i-90 online?

On USCIS.gov it says I can, and ive seen some threads where people said you *could* file online and they will request the old card by mail when they need to. 

 

But i chatted with a live agent and she said to mail it in only.

 

I'm getting different answers so curious if anyone else here has filed online when they received an incorrect card (Cr1 instead of ir1)

[OldUser 5,096]

12 minutes ago, xzsca10 said:

Can i file the i-90 online?

On USCIS.gov it says I can, and ive seen some threads where people said you *could* file online and they will request the old card by mail when they need to. 

 

But i chatted with a live agent and she said to mail it in only.

 

I'm getting different answers so curious if anyone else here has filed online when they received an incorrect card (Cr1 instead of ir1)

Yes, you can file I-90 online for sure.

Live agent knows nothing.

You only return card at the end of process.

Make sure to make physical and digital copies of card before sending it back and once you receive a new card.

[xzsca10 33]

14 minutes ago, OldUser said:

Yes, you can file I-90 online for sure.

Live agent knows nothing.

You only return card at the end of process.

Make sure to make physical and digital copies of card before sending it back and once you receive a new card.

ok thanks! filing online now

[xzsca10 33]

@Lemonslice

why do you find all of my posts so confusing? 😂

[Lemonslice 4,588]

On 3/31/2023 at 8:38 AM, 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.

 

 

 

 

On 3/31/2023 at 3:55 PM, jackiegringa said:

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

  

On 3/31/2023 at 4:51 PM, milimelo said:

Form is I-90  - file it online. They'll probably take the wrong card at biometrics.

Do NOT file I-130, I-751. 

Because I feel this thread is going in circles, with many users having recommended to fill online already.  

[Lemonslice 4,588]

On 4/24/2023 at 1:34 PM, xzsca10 said:

Just got an email response from uscis from the typography error form:

We cannot process changes requested by the beneficiary or a third party

 

 

i guess only petitioners can submit this form and not beneficiaries. Anyways, just got certified copies of certain docs so on to submit the I-90 hopefully today or tomorrow 

Who filled the first i-90, the permanent resident, or yourself?

Edited May 5, 2023 by Lemonslice
typo