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Posted

Hi everyone,I just arrived here in America last March 15,My visa was approved last nov. 12 with CR1 visa,and then when i arrived here me my and hubby already married for 2 years and 2 months now.Now,at the immigration ,the officer told me that its not his job to change my status to IR1 its the system,and he given me this information about filing for I-751.I really need some help about this or does anyone who undergo with the same scenario or something?do we really have to file for the I 751?but we already 2 years and 2 months when I arrived in here so now im confused already about this..Any suggestions or help about my case is really greatly appreciated..

Thank you all in advance!!!

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Hi everyone,I just arrived here in America last March 15,My visa was approved last nov. 12 with CR1 visa,and then when i arrived here me my and hubby already married for 2 years and 2 months now.Now,at the immigration ,the officer told me that its not his job to change my status to IR1 its the system,and he given me this information about filing for I-751.I really need some help about this or does anyone who undergo with the same scenario or something?do we really have to file for the I 751?but we already 2 years and 2 months when I arrived in here so now im confused already about this..Any suggestions or help about my case is really greatly appreciated..

Thank you all in advance!!!

Unless you had 2 years or more of marriage at the time of the interview you will need to remove conditions. If they made a mistake because you had your 2 years, they have to fix it, but if you had less, they you will need to remove the conditions before the GC expires.

Posted

Hi everyone,I just arrived here in America last March 15,My visa was approved last nov. 12 with CR1 visa,and then when i arrived here me my and hubby already married for 2 years and 2 months now.Now,at the immigration ,the officer told me that its not his job to change my status to IR1 its the system,and he given me this information about filing for I-751.I really need some help about this or does anyone who undergo with the same scenario or something?do we really have to file for the I 751?but we already 2 years and 2 months when I arrived in here so now im confused already about this..Any suggestions or help about my case is really greatly appreciated..

Thank you all in advance!!!

When you started your visa process, filed the I-130 how long had you been married?

'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

Posted

Make an infopass and take supporting documents with you. They should be able to tell you what your GC will be. You may need to even send it back if it is a 2-yr one.

Did you show officers at POE your marriage certificate proving you've been married over 2 years?

ROC 2009
Naturalization 2010

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Your visa was issued while you were still CR-1 but you didn't enter the US and 'activate' the green card until you had been married for more than 2 years, correct? In that case, yes, you should have received the 10 year green card right away and not need to apply for Removal of Conditions. USCIS has made this error in the past and actually address it in their Adjudicator's Manual that agents need to be very careful about checking dates when someone enters the US on a CR-1. Previous VJers who have had this happen have sent in the I-751 only to have it returned and told that they did not need to submit it because they were already married 2 years when he/she entered the US. By the same token, some VJers have also received the 10 year green card even though they haven't been married 2 years yet and discovered when they went to apply for citizenship that they were still required to file for Removal of Conditions. They weren't deported for failure to file as the error was USCIS' but it caused a delay in their processing as well as a lot of frustration.

What I suggest you do is to make an infopass appointment at your local USCIS office, bring in all of your documentation including your marriage certificate, and the passport with its activated stamp, and ask the Immigration Officer if they will correct the information and arrange for you to be issued a 10 year green card. It may be you are required to file an I-90 once you get the green card requesting a correction but the officer will be able to tell you for sure.

You can make an Infopass appointment at http://www.uscis.gov and on the left hand side near the top is the big word 'INFOPASS' with a link to 'make an appointment' right below. Click on the link and follow the directions.

Good Luck.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Posted

Make an infopass and take supporting documents with you. They should be able to tell you what your GC will be. You may need to even send it back if it is a 2-yr one.

Did you show officers at POE your marriage certificate proving you've been married over 2 years?

It’s all about timing, when they filed, how they filed and time of interview. Customs (POE) is not part of USCIS and plays no role in the matter.

'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

Posted

Make an infopass and take supporting documents with you. They should be able to tell you what your GC will be. You may need to even send it back if it is a 2-yr one.

Did you show officers at POE your marriage certificate proving you've been married over 2 years?

Yeah,I showed to the immigration oficer my marriage certificate but still given me this info that i need to file for I 751..

Posted

Your visa was issued while you were still CR-1 but you didn't enter the US and 'activate' the green card until you had been married for more than 2 years, correct?

Yes,I entered after our 2nd anniv.so now were married for 2 years and 2 months..I just wanna say thank you for the information that u given me .i have to do that as soon as possible for them to be able to correct it..

Posted

Yeah,I showed to the immigration oficer my marriage certificate but still given me this info that i need to file for I 751..

I arrived in San Francisco on March 2. I guess the US Embassy in Manila picked up the dates on my old DS230 so they gave me CR1 we are married for 4 years now. I told the immigration officer of my story (some of the VJmembers advised me I can change it at my POE),he then asked somebody coz i think he is a junior there,the other guy said yes but still left and asked somebody, he came back and said yes he can change it from the system, the young officer searched for my marriage certificate in the packet then change the system to IR1. He then filled up a form why he is changing it and stamped my visa IR1. i don't know what was your POE but somehow your officer wasn't knowledgeable. but what do I know? I just wish you good luck and hope you can fix this.

Posted

Yeah,I showed to the immigration oficer my marriage certificate but still given me this info that i need to file for I 751..

Make an INFOPASS at your local USCIS office and go with all the documents you have. Explain and ask them to check that the GC is produced as 10-year GC.

Infopass: http://infopass.uscis.gov/

ROC 2009
Naturalization 2010

Posted

I arrived in San Francisco on March 2. I guess the US Embassy in Manila picked up the dates on my old DS230 so they gave me CR1 we are married for 4 years now. I told the immigration officer of my story (some of the VJmembers advised me I can change it at my POE),he then asked somebody coz i think he is a junior there,the other guy said yes but still left and asked somebody, he came back and said yes he can change it from the system, the young officer searched for my marriage certificate in the packet then change the system to IR1. He then filled up a form why he is changing it and stamped my visa IR1. i don't know what was your POE but somehow your officer wasn't knowledgeable. but what do I know? I just wish you good luck and hope you can fix this.

I showed my marriage certificate to that officer and I think he is also new in there he know about it that it will automatically change to IR1 but when he asked the chinese woman I think she told him about giving me some information on filling up the I 751 form.He said that its not his job to do that its the system and he even said that there is a possibility that ill have my actual green card with I r1 status into it..Right now im trying to make an infopass but having hard time on which ill go through or the choices I need to click with..

Posted

Make an INFOPASS at your local USCIS office and go with all the documents you have. Explain and ask them to check that the GC is produced as 10-year GC.

Infopass: http://infopass.uscis.gov/

I have a question then.what is an alien number and the reciept number to put in there then coz i dont have an idea about it..After having the appointment will they give me a schedule and tells me to when I will be at their office?Sorry just need really some help with regards to all this..

Posted

I have a question then.what is an alien number and the reciept number to put in there then coz i dont have an idea about it..After having the appointment will they give me a schedule and tells me to when I will be at their office?Sorry just need really some help with regards to all this..

You don't need either the A# or the receipt number - just your name and phone number is required to make an appointment. I just tried making an appt using just name and last name and phone number and it got me to select the date/time. So it is doable.

ROC 2009
Naturalization 2010

Posted

Hi guys,I already went to the USCIS and then what they told me there is to just wait for the actual green card to be deliver to me and then ill have to apply for the adjustment of status before that card expires and what the lady said the reason I was given the CR1 status upon entry is bec. I was approved b4 our 2nd years of mariage.So I have to apply for the adjustment of status before it expires and Im quite confused already bec. we are 2 years and 2 months of marriage now and so my question is do you guys think I still be having the CR1 visa or IR1.?I hope and pray the one that I will be having soon will be the IR1 status..Need some of ur inputs here guys..tnx!!

 
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