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may5

Waiting for IR1 Greencard with a CR1 Visa Stamp

By may5 in IR-1 / CR-1 Spouse Visa Process & Procedures

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may5 Rookie

may5   2

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted (edited)

My spouse and I were married for two years and a few days when we arrived at POE w/ approved visa page in passport. POE officer said the visa was going to be a CR1 and after a weak protest from myself that my wife and I were married longer than two years, the officer simply said that the visa said it was CR1 so she was stamping CR1. It was a long flight and I didn't want to add to my wife's anxiety by arguing with someone who held the keys to the kingdom.

 

Long story short, can I contact USCIS somehow to get the future greencard, which hasn't been mailed yet, to be under the IR1 category (or checked that it is in fact not a CR1) or do I have to wait for what is most likely an incorrect 2 year conditional greencard before submitting a N-90 form online, doing a biometrics, paying postage, waiting more, etc?

Edited by may5
JeanneAdil Grand Master

JeanneAdil   7,089

Posted
Filed: Citizen (apr) Country: Morocco
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Posted

it would have been stamped on visa as it looks like she interviewed prior to the 2 years

USCIS should correct it to IR1 and issue 10 year green card as they have access to your documents and date of marriage of certificate

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Crazy Cat Grand Master

Crazy Cat   44,544

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted

CBP at the POE does not decide whether you receive a 2 year card or a 10 year card.  USCIS makes that determination based on your records.  Just wait for the Green Card to arrive.  If there is a mistake, then file an I-90. 

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

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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.. 
 

pushbrk Grand Master

pushbrk   13,623

Posted
Filed: Other Country: China
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Posted
6 hours ago, Crazy Cat said:

CBP at the POE does not decide whether you receive a 2 year card or a 10 year card.  USCIS makes that determination based on your records.  Just wait for the Green Card to arrive.  If there is a mistake, then file an I-90. 

Correct.  It would have been ok to mention this at the POE, but since you didn't, you do as stated above.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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top_secret Proficient

top_secret   2,713

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

USCIS will usually figure it out in their own without intervention.  Just wait for the actual green card.  If the physical card arrives and USCIS somehow makes the same mistake, it's free and relatively easy to correct.  Just file an I-90 online for free based on the card having incorrect data due to a USCIS error.

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
  • January 31, 2022: USCIS Status changed to "Card Is Being Produced"
  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
  • February 07, 2022: Green cards received. 

 

 
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