CR1 instead of IR1 Stamp

[EmpressDMarie 1]

Can someone help me to understand what needs to be done. My husband and I were married on 01/31/08 and he entered the US on 08/10/10. To my understanding, because we were already married for two years before he entered the country, he was supposed to receive the IR1 stamp. Instead, he received the CR1 stamp which means his residence is conditional until we apply to remove the status 90 days before the two-year anniversary of him arriving. If I am correct that he should have received the IR1 stamp instead, what is the process to have this corrected?...fyi: we haven't received his green card yet.

Thanks for your help!

[Sweetcheeksss 91]

IR-1 is the conditional green card that is issued to people that are married LESS than 2 years.

CR-1 is the 10 year green card. Looks like you got the right stamp.

[milimelo 4,572]

IR-1 is the conditional green card that is issued to people that are married LESS than 2 years.

CR-1 is the 10 year green card. Looks like you got the right stamp.

Entirely wrong - CR is conditional (2 yrs) and IR is 10-year.

OP, you may need to make an INFOPASS at your local USCIS office to make sure his green card will come as a 10-year one - make sure to bring supporting documents to prove your marriage length - so marriage certificate, passport... You really want to resolve this now than later on.

[marriedtomrg 141]

Actually it's the other way around.

CR-1 is the conditional green card good for 2 years, issued to couples who have been married for less than 2 years.

IR-1 is the 10 year green card, issued to couples who have been married for 2 years or longer.

IR-1 is the conditional green card that is issued to people that are married LESS than 2 years.

CR-1 is the 10 year green card. Looks like you got the right stamp.

Edited September 7, 2010 by marriedtomrg

[milimelo 4,572]

Actually it's the other way around.

CR-1 is the conditional green card good for 2 years, issued to couples who have been married for less than 2 years.

IR-1 is the 10 year green card, issued to couples who have been married for 2 years or longer.

Time of application does not determine it - it's the time at POE that decides category so someone who received a CR-1 visa as their marriage was less than 2 years at the time of visa issuance but who POEs after or at 2nd year anniversary is entitled to IR1 classification.

[EmpressDMarie 1]

Entirely wrong - CR is conditional (2 yrs) and IR is 10-year.

OP, you may need to make an INFOPASS at your local USCIS office to make sure his green card will come as a 10-year one - make sure to bring supporting documents to prove your marriage length - so marriage certificate, passport... You really want to resolve this now than later on.

Thank you all...so it's sounds like we did get the wrong stamp. When you say "make an Infopass" does that mean we have to make an appointment? I definately want to clear this up before his green card is issued so we don't have problems later. Does anyone have any information as to the process for the Infopass...

Thanks

[milimelo 4,572]

Thank you all...so it's sounds like we did get the wrong stamp. When you say "make an Infopass" does that mean we have to make an appointment? I definately want to clear this up before his green card is issued so we don't have problems later. Does anyone have any information as to the process for the Infopass...

Thanks

http://infopass.uscis.gov/

Pick whichever option best suits you - case information maybe - they really don't match what you picked and why you're really there. You do want face to face time with IO to clear this up before the wrong card shows up.

Good luck!

[EmpressDMarie 1]

Thank you all again.

I've made our appointment for Monday morning so I'll post how it goes.

BTW...I love VJ...lol!!!!

[Sweetcheeksss 91]

Dangit! I was totally looking at my own coversheet but wrote the exact opposite of what I was seeing - doh.

Everyone above is correct - I, on the other hand, should proof read BEFORE pressing post

[Darnell 8,479]

FWIW - you can also call DoS and inquire, via telephone - see http://www.visajourney.com/forums/topic/264972-shortcuts-when-checking-for-updates-from-the-nvc-and-dos/

you want to ask - 'what is the visa type' ??

Based on the 'time gap' between marriage date and Visa interview date - you should have gotten the IR-1 stamp - I think was error at CBP, you got someone 'not a reader'. Sure, it ultimately is the POE date, for the 'time gap' but that CBP human mucked it up.

once you've called DoS Hotline, call into USCIS, get an ISO, make sure they have, or not have 'IR-1' as that visa type - see http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#5

[EmpressDMarie 1]

Can someone help me to understand what needs to be done. My husband and I were married on 01/31/08 and he entered the US on 08/10/10. To my understanding, because we were already married for two years before he entered the country, he was supposed to receive the IR1 stamp. Instead, he received the CR1 stamp which means his residence is conditional until we apply to remove the status 90 days before the two-year anniversary of him arriving. If I am correct that he should have received the IR1 stamp instead, what is the process to have this corrected?...fyi: we haven't received his green card yet.

Thanks for your help!

Update:

We received my husband's greencard in the mail Friday with the CR1 status on it. When we went to our InfoPass appointment yesterday, the officer advised me that we would need to send in the I90 with supporting documents along with the greencard. She also said to include a letter stating what the issue was. She said there wasn't a fee to submit this but when I download the I90 form, it says that there is a fee of $290. Since this was not our error, do we need to pay this fee or should I also include in the letter that due to USCIS error, the fee has not been submitted.

Thanks

[milimelo 4,572]

Update:

We received my husband's greencard in the mail Friday with the CR1 status on it. When we went to our InfoPass appointment yesterday, the officer advised me that we would need to send in the I90 with supporting documents along with the greencard. She also said to include a letter stating what the issue was. She said there wasn't a fee to submit this but when I download the I90 form, it says that there is a fee of $290. Since this was not our error, do we need to pay this fee or should I also include in the letter that due to USCIS error, the fee has not been submitted.

Thanks

No, since it's clearly their mistake, you don't pay the fee.

[Darnell 8,479]

so - no telephone calling?

no talking to an ISO?

OK !

My hope for you, that day, was that you'd make those calls, that day, and an ISO could get it sorted prior to the actual 'drop it in the mail date' by 'holding the card' and then 'reprinting the card' for you. It takes some effort though, to get that done, over the phone, and timing is important, as well.

Now that you've got the card in hand, that timing is lost.

You'll need to write a cover letter to explain 'why IR/1' now, and in the payment block on the form - write 'FEE EXEMPT - USCIS ERROR'.

Good Luck !

Edited September 14, 2010 by Darnell

[LotofPatience 65]

so - no telephone calling?

no talking to an ISO?

OK !

My hope for you, that day, was that you'd make those calls, that day, and an ISO could get it sorted prior to the actual 'drop it in the mail date' by 'holding the card' and then 'reprinting the card' for you. It takes some effort though, to get that done, over the phone, and timing is important, as well.

Now that you've got the card in hand, that timing is lost.

You'll need to write a cover letter to explain 'why IR/1' now, and in the payment block on the form - write 'FEE EXEMPT - USCIS ERROR'.

Good Luck !

[EmpressDMarie 1]

Thanks for your information. I did want to call and see what could be done over the phone but I was under the impression that speaking with the officer at the Infopass was the same as speaking with someone on the phone. It seems as though my call would have still been too late as the greencard was issued on August 30th and I didn't realize the stamp in his passport was wrong until Sept. 7th. I'll be submitting the I90 tomorrow and once we get the receipt, we'll be scheduling another Infopass to have his passport stamped that an actual greencard has already been issued.