Green Card troubles!!! (continued.....)

[jilliannep 13]

I need clarification and confirmation on a few things that happened in the past few days. I called the USCIS to see what I need to do and here's what the operator said:

1. We have been married for over 2 years at the time of POE but at the time we filed, our marriage was under 2 years. So, when we got the passport back, the visa was stamped CR-1. We were advised that it would be changed to IR-1 at the POE. At POE, nothing happened.

USCIS said that in order for it to be changed, we need to pay the $165 fee, is this true?

2. USCIS operator said that he has no status in this country until I pay the fee and as such, he can't work. I thought the registration number on the visa was his A# and allowed him to work.

3. The registration number on his passport/visa doesn't begin with a 0 or an A. Is this an A#?

4. Lastly, can we wait until he changes his name (to something completely different than my name and is just an "alias" he prefers) to pay the fee so that we pay it only once and avoid the replacement card fee?

Thanks!

[Hypnos 6,578]

The USCIS misinformation line is staffed by morons.

1) You should have told the officer at Secondary that you had been married for over two years at PoE, because they don't always notice by themselves, as yours didn't. I'm not sure how you'll get it fixed now, but I would make an Infopass and see how things go from there.

2) Incorrect. Upon entry the endorsed immigrant visa acts as a temporary green card for one year and allows the holder to work and travel from day 1. Not paying the immigrant fee does not prevent this, it just means you won't receive the physical green card until it's paid.

Edited April 3, 2014 by Hypnos

[jilliannep 13]

The USCIS misinformation line is staffed by morons.

1) You should have told the officer at Secondary that you had been married for over two years at PoE, because they don't always notice by themselves, as yours didn't. I'm not sure how you'll get it fixed now, but I would make an Infopass and see how things go from there.

2) Incorrect. Upon entry the endorsed immigrant visa acts as a temporary green card for one year and allows the holder to work and travel from day 1. Not paying the immigrant fee does not prevent this, it just means you won't receive the physical green card until it's paid.

Thanks for the response!

1. Yes, I let out that part. At the secondary, my husband showed our marriage certificate and explained. They just said just call USCIS (didn't actually give him a phone number or anything).

2. I thought so. Like you said, staffed by morons. I kept saying to her, "that doesn't sound right, are you sure?" It feels good to have my feelings confirmed.

Does anybody have insight into 3 and 4? Thanks!

Edited April 3, 2014 by jilliannep

[milimelo 4,578]

I can help with 4. The green card will come in the name in his passport as it was processed for visa. Even if you hold off paying the $165, when you do pay it will come in his passport name as that's how his immigrant visa was processed.

To change his name - you'll go through the local court system and once you have all approved documents you will file a I-190 and pay those fees for a new GC in his new name.

[jilliannep 13]

Thanks for the answers!

[NikLR 13,232]

I need clarification and confirmation on a few things that happened in the past few days. I called the USCIS to see what I need to do and here's what the operator said:

1. We have been married for over 2 years at the time of POE but at the time we filed, our marriage was under 2 years. So, when we got the passport back, the visa was stamped CR-1. We were advised that it would be changed to IR-1 at the POE. At POE, nothing happened.

USCIS said that in order for it to be changed, we need to pay the $165 fee, is this true?

2. USCIS operator said that he has no status in this country until I pay the fee and as such, he can't work. I thought the registration number on the visa was his A# and allowed him to work.

3. The registration number on his passport/visa doesn't begin with a 0 or an A. Is this an A#?

4. Lastly, can we wait until he changes his name (to something completely different than my name and is just an "alias" he prefers) to pay the fee so that we pay it only once and avoid the replacement card fee?

Thanks!

1 - Go back to a CBP POE with the marriage certificate and ask for the stamp to be changed to IR1.

2 - of course he has status.. he has a green card that is valid for 1 year. (Moron call center person - NEVER EVER talk to a CSR... Always talk to an ISO.)

3 - Add an A. Then any zeros at the beginning to make it 9 digits. Will probably look like A012345678

4 - No. Green card comes in Visa name. If you want to change the name on the Green card you need to pay $450 and show proof of that being his legal name.

AFTER you get the visa stamped properly, you can pay the $165 fee. If the green card arrives with a CR1 instead of an IR1 designation you can send it back, without a fee, using an I-90 and a photocopy of the PROPERLY endorsed visa, to have it corrected.

[aussie_jason 195]

Your best bet is to schedule an InfoPass prior to paying the fee in ELIS otherwise the green card issued will be a conditional one and you will then need to file an I-90 to change it, which will lead to him needing to do biometrics again so schedule an InfoPass and bring along all the supporting documentation so they can change it to IR1 prior to you paying the fee for the green card to be issued.

The name change will just complicate things as you need to do that officially through the courts, you can't just decide to change your name on a whim so I would suggest forgetting that for now and if he prefers to be called a different name then just have him do so informally in conversation and such.

[jilliannep 13]

Thanks guys. We have an Infopass appointment next week. Fingers crossed.

[NikLR 13,232]

Why would he have to do biometrics again? He did a biometrics at his visa interview.

[aussie_jason 195]

An I90 requires biometrics to be done again to verify it is the applicant requesting it.

[NikLR 13,232]

But the error is NOT on the part of the immigrant. A great many people have recently gotten the wrong expiration date and have returned their green cards for correction without biometrics.

[NikLR 13,232]

D) My existing card has incorrect data because of USCIS error. According to uscis website.

Edited April 11, 2014 by NLR

[apple21 953]

My GC has an expiration date error (USCIS error) and I was required to do biometrics again.

[jilliannep 13]

All of this was actually for naught. TSC had the wrong mailing address on file (although it had been updated about a year previously) and sent it to that address. That was 3 months ago. Since then, we've been caught in a loop of service requests. Now, we handed the case to the Senator. This is ridiculous.

[apple21 953]

You filed i90 already?