Passport stamped as CR1 but eligible for IR1

[emmaface 12]

My husband received his visa a few weeks ago. Our second wedding anniversary was this past Monday. On Saturday, we went through the POE at Ysleta/Zaragoza in El Paso.

We specifically waited to cross just to let our anniversary pass. I read so many threads where people say they bring their marriage certificates and their visas were successfully changed to IR1 at POE.

The agent processing my husband was very rude to both of us, and he refused to look at our marriage certificate. My husband insisted that he is now eligible for IR1, but the agent refused to even look at the certificate. Instead he handed my husband a sheet of paper with CR1 procedures, then marked his passport with CR1.

Can we fix this when his green card arrives, or did this agent screw us over buy writing CR1 on my husband's passport??

[NikLR 13,230]

I would contact the USCUS after your ELIS says in process and again at optimized to make sure they have it as IR1. If not you can use an I-90 to correct the card after it comes as well.

[JohnR! 5,495]

In all likelihood he will receive a 10-year greencard. Check out the validity when the document arrives.

Goof luck.

[emmaface 12]

My husband received his green card... and it's a CR1. I'm filling out the I-90, and on the questions about status and visa type, should I put in CR1 and conditional resident as it appears on his card, or IR1 as it should be? Should I add a cover letter, to point out that our 2nd anniversary was 5-25-15 and his card says Resident Since 5-30-15?

[NikLR 13,230]

Can you make an infopass?

[Darnell 8,478]

oh wow - i missed all the fun.

if i had seen this when you posted it,

i would have suggested you get into a CBP secondary inspection office, and have it corrected there in their computer system.

now you have to go the I-90 route. Yes, write up a cover letter attesting why he is eligible, noting the CBP officer error on POE day.

[emmaface 12]

My husband received his green card... and it's a CR1. I'm filling out the I-90, and on the questions about status and visa type, should I put in CR1 and conditional resident as it appears on his card, or IR1 as it should be? Should I add a cover letter, to point out that our 2nd anniversary was 5-25-15 and his card says Resident Since 5-30-15?

I'll answer my own question incase other people need help (got an inbox message asking so I figure someone did come across this thread!)

I carefully read the instructions for the I-90, and it says on page 7, the instructions for Item Number 3.d, there's a note:

"If you believe you were misclassified as a conditional permanent resident, because you were married for two or more years when you obtained conditional permanent residence, file Form I-90 under reason "2.d" and include a copy of your marriage certificate with your application."

In order to check the 2.d. box, you must select 1.a Lawful Permanent Resident in the first section, not 1.c Conditional.

I included a letter with my husband's I-90 stating all this, explaining that the agent at the border was rude and refused to look at our marriage certificate at point of entry, and I referenced this note and underlined the "when you obtained conditional permanent residence" - not when the visa was issued.

Husband's ASC appointment is today in two hours - fingers crossed nothing gets complicated!

[emmaface 12]

Husband's ASC appointment is today in two hours - fingers crossed nothing gets complicated!

Appointment took all of 5 minutes - we arrived early and spent more time waiting than he did actually doing biometrics and giving information. His photo and fingerprints were both taken again, he was asked why he submitted I-90, he explained CBP made an error at POE and showed the dates on his passport stamp, green card and our marriage certificate. They said everything looks to be in order, mail in the card and they will get it corrected.

He was afraid they would push back and say he is indeed a conditional resident because of the date of his visa, if the person he happened to be talking to was misinformed just like the agent at POE (which we all know happens too frequently with USCIS!) but it all went fine and when he pointed out the dates they agreed he was correct, he has been misclassified. Phew!!

Now we'll see how long it takes to receive the new card...

[dee&vee 79]

Appointment took all of 5 minutes - we arrived early and spent more time waiting than he did actually doing biometrics and giving information. His photo and fingerprints were both taken again, he was asked why he submitted I-90, he explained CBP made an error at POE and showed the dates on his passport stamp, green card and our marriage certificate. They said everything looks to be in order, mail in the card and they will get it corrected.

He was afraid they would push back and say he is indeed a conditional resident because of the date of his visa, if the person he happened to be talking to was misinformed just like the agent at POE (which we all know happens too frequently with USCIS!) but it all went fine and when he pointed out the dates they agreed he was correct, he has been misclassified. Phew!!

Now we'll see how long it takes to receive the new card...

Hi, Just to follow up, have you received any update on case status? My status shows as ' Closed ' and case status from IOE number returns error. What's your status now?

[emmaface 12]

Hi, Just to follow up, have you received any update on case status? My status shows as ' Closed ' and case status from IOE number returns error. What's your status now?

(Replied to inbox, but again, wanted to add here incase anyone else has same troubles)

Never heard another word from them. Still no updates on the website, still says Appointment Scheduled even though he did have the appointment back in August. I guess we have to schedule another infopass appointment... but we don't have any time right now. We just went through a lot of stuff since Christmas and I had to miss a lot of work, so I can't take more time off to take my husband to an appointment right now. (He doesn't have a license to take my car and go alone, getting a license also means me missing work to take him to the driving test, so can't do that right now either).

Now it's been so long, if he's even able to mail his card anytime soon, his 1-year stamp in his passport will expire before he gets another one back, and we still need to go to Mexico every weekend to see his son, so he can't be without a valid stamp or card. So we have to see how to renew that stamp. Which means me missing more work. So. Everythings on hold for now. At this rate, I'm just preparing to go through with ROC next year. We're both sick of dealing with this.

[Grace for Grace 3]

I don't know why the CBP officer's do that, I'm in the same boat,before my interview I have celebrated my 25th months wedding anniversary (2years and one month) and I POE after my 26th months wedding anniversary (2years and 2 months) still the CBP officer refuse to listen to me,well I'm still on my card to see how it goes. please Darnell can u trow more light on the CBP secondary inspection off u just mentioned?

[emmaface 12]

I don't know why the CBP officer's do that, I'm in the same boat,before my interview I have celebrated my 25th months wedding anniversary (2years and one month) and I POE after my 26th months wedding anniversary (2years and 2 months) still the CBP officer refuse to listen to me,well I'm still on my card to see how it goes. please Darnell can u trow more light on the CBP secondary inspection off u just mentioned?

After what we've been dealing with now, I say try as hard as you can to get through to USCIS and CBP before your card gets processed! Talk to a supervisor, make a fuss, do whatever you have to do to get it fixed before the card comes back wrong. I wish we did!! There's a chance that it could be corrected during the normal processing, but don't count on it.

Edited January 21, 2016 by emmaface

[Grace for Grace 3]

How can I contact the CBP?

[dee&vee 79]

(Replied to inbox, but again, wanted to add here incase anyone else has same troubles)

Never heard another word from them. Still no updates on the website, still says Appointment Scheduled even though he did have the appointment back in August. I guess we have to schedule another infopass appointment... but we don't have any time right now. We just went through a lot of stuff since Christmas and I had to miss a lot of work, so I can't take more time off to take my husband to an appointment right now. (He doesn't have a license to take my car and go alone, getting a license also means me missing work to take him to the driving test, so can't do that right now either).

Now it's been so long, if he's even able to mail his card anytime soon, his 1-year stamp in his passport will expire before he gets another one back, and we still need to go to Mexico every weekend to see his son, so he can't be without a valid stamp or card. So we have to see how to renew that stamp. Which means me missing more work. So. Everythings on hold for now. At this rate, I'm just preparing to go through with ROC next year. We're both sick of dealing with this.

Makes me really sad reading your situation. I cannot believe the sheer incompetence of whichever office has your case. I received my 10 year card back in first week of November. I should have messaged you but you seemed to be offline. Anyway replying now here instead. I don't know why you haven't heard back, but you need to start calling tier-2 person at USCIS help line and file service request. You are way beyond normal processing time. Do service request via phone or online now!!

For my case, I didnt hear back after my biometrics appointment, and in november my online My Account's status changed to closed and had card in the mail after few days. It was weird though, because I couldnt check case status on USCIS's case status checker where they usually show tracking number of package.

I cant say what might have cause delays in your case, it could be online application with no way to send the card back. Did you send good proofs that you were married for 2 years before PEO? Regardless of these speculations, just start calling and get service request done online. Don't give up!

I don't know why the CBP officer's do that, I'm in the same boat,before my interview I have celebrated my 25th months wedding anniversary (2years and one month) and I POE after my 26th months wedding anniversary (2years and 2 months) still the CBP officer refuse to listen to me,well I'm still on my card to see how it goes. please Darnell can u trow more light on the CBP secondary inspection off u just mentioned?

Well I and person above had nice officers and still got 2 year GC in the mail. Anyway, if you receive 2 year conditional card then just file i-90 (VIA MAIL -NOT ONLINE) and send the 2 year card back with i-90. Send copy of marriage certificate and i-551 stamp on passport to prove your POE was after 2 years.

Edited January 21, 2016 by dee&vee

[emmaface 12]

Makes me really sad reading your situation. I cannot believe the sheer incompetence of whichever office has your case. I received my 10 year card back in first week of November. I should have messaged you but you seemed to be offline. Anyway reply now instead. I don't know why you haven't heard back, but you need to start calling tier-2 person at USCIS help line and file service request. You are way beyond normal processing time. Do service request via phone or online now!!

For my case, I didnt hear back after my biometrics appointment, and in november my online status changed to closed and had card in the mail after few days. It was weird though, because I couldnt check case status on USCIS My account's case status checker where they usually show tracking number of package.

I cant say what might have cause delays in your case, it could be online application with no way to send the card back. Did you send good proofs that you were married for 2 years before PEO? Regardless of these speculations, just start calling and get service request done online. Don't give up!

I'm glad to hear you did get the right card! Yeah, I haven't checked in here for a few months. We never heard anything back from USCIS, and we've been having a hectic few months and it just kinda fell off the radar, until my husband mentioned it last week.. "Oh hey, whatever happened to that thing with my green card? How long has it been?"

You did the right thing from the start by filing on paper and sending the card along with it. I'm really kicking myself now for not doing that, thinking it would be easier online. HA! The online application had a file upload section, where I uploaded our marriage certificate, a letter explaining everything, and a scan of the incorrect green card. It just looks like the application got stuck in limbo or something, and was never assigned to anyone after the ASC appointment.

How can I contact the CBP?

If you're not near a border or point of entry, I'm not sure. I think you'd want to just go ahead and call USCIS or make an infopass appointment to talk to someone in person.

Edited January 21, 2016 by emmaface