What should I do if CBP officer stamped me with wrong status when I enter USA

[zw085213 0]

Hi everyone, I entered USA last month with my CR1 visa. And my marriage has been more than 2 years when I entered. I alerted the CBP officer about it, but he refused to stamped IR1 on my passport, and let me sign the paper that I would need to remove my conditional green card status next year. Apparently, this was a mistake he made, is there any way that I can fix it? 

[Dashinka 24,736]

45 minutes ago, zw085213 said:

Hi everyone, I entered USA last month with my CR1 visa. And my marriage has been more than 2 years when I entered. I alerted the CBP officer about it, but he refused to stamped IR1 on my passport, and let me sign the paper that I would need to remove my conditional green card status next year. Apparently, this was a mistake he made, is there any way that I can fix it? 

What visa were you issued at the time of your interview?  This should show in the IV Category on your visa.  The deciding factor of CR1 vs IR1 is at the point when the visa is issued not at the POE.

 

 

[StuBear65 68]

The relevant date for determining status is the date you enter the U.S. as an immigrant, not when the visa was issued, therefore if you had been married for more than 2 years when you entered the US as a LPR then you should receive an unconditional (ten year) green card.

If you are sent the incorrect green card, you can get it changed, there are a few threads on here that cover which forms need to be submitted.

 

 

 

[Dashinka 24,736]

6 minutes ago, StuBear65 said:

The relevant date for determining status is the date you enter the U.S. as an immigrant, not when the visa was issued, therefore if you had been married for more than 2 years when you entered the US as a LPR then you should receive an unconditional (ten year) green card.

If you are sent the incorrect green card, you can get it changed, there are a few threads on here that cover which forms need to be submitted.

 

 

 

I am confused.  So are you saying that CBP makes the determination of the IV Category at the POE?  I was referencing the Wiki Page here on VJ, so if this is wrong we should report it to the mods.

 

“The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued.”

 

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

[gregcrs2 1,778]

57 minutes ago, Bill & Katya said:

I am confused.  So are you saying that CBP makes the determination of the IV Category at the POE?  I was referencing the Wiki Page here on VJ, so if this is wrong we should report it to the mods.

 

“The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued.”

 

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

Yes, IV Category is determined at POE.

Below statement is worded differently but same meaning (from travel.state.gov website)

 

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

[angelbrown 195]

I’m a little confused. Why would you have to remove conditions if married over 2 years? When did you actually receive the visa? They place the visa page in the passport after approved at the interview. The category is already listed on that page when you pick it up. What’s printed in your passport? If the category in your passport says CR1, maybe that’s why he wouldn’t stamp it other. 

Edited December 21, 2017 by angelbrown

[Hypnos 6,578]

Wait to see if USCIS send you an unconditional card. 

 

If they send you a conditional one, file an I-90 on the basis of a USCIS error, for which there would be no fee. 

Edited December 21, 2017 by Hypnos

[Dashinka 24,736]

56 minutes ago, gregcrs2 said:

Yes, IV Category is determined at POE.

Below statement is worded differently but same meaning (from travel.state.gov website)

 

If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

Thanks.  I guess if someone is in the process of getting a spousal visa and near their two year anniversary they should wait it out and plan to enter after the anniversary as long as it is within the validity period of the visa.

[geowrian 22,338]

4 hours ago, Bill & Katya said:

I am confused.  So are you saying that CBP makes the determination of the IV Category at the POE?  I was referencing the Wiki Page here on VJ, so if this is wrong we should report it to the mods.

 

“The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued.”

 

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas

It's not wrong, but is incomplete. The visa class (CR-1/IR-1) is determined based on when the visa is issued. The status (CR-1/IR-1) is determined at POE.

 

So if you are married for less than 2 year when the visa is issued, you will get a CR-1 visa. But if you go through POE after 2 years of marriage, you should be treated as IR-1 status at entry.

Edited December 21, 2017 by geowrian

[zw085213 0]

3 hours ago, Hypnos said:

Wait to see if USCIS send you an unconditional card. 

 

If they send you a conditional one, file an I-90 on the basis of a USCIS error, for which there would be no fee. 

Thanks for your reply. The officer wrote CR1 status on the stamp, so I think I will get a conditional card? 

[zw085213 0]

5 hours ago, StuBear65 said:

The relevant date for determining status is the date you enter the U.S. as an immigrant, not when the visa was issued, therefore if you had been married for more than 2 years when you entered the US as a LPR then you should receive an unconditional (ten year) green card.

If you are sent the incorrect green card, you can get it changed, there are a few threads on here that cover which forms need to be submitted.

 

 

 

Thanks! Do you think I still have chance to receive 10 years green card although the officer stamped CR1 status on my passport? 

[BigDaddy28 228]

1 hour ago, zw085213 said:

Thanks! Do you think I still have chance to receive 10 years green card although the officer stamped CR1 status on my passport? 

All you have to do in case you received a 2 year green card is take it and your passport and documents you have to your local USCIS office and tell them what happened. They will tell you to file I90 to replace the card and it should be free because it was their mistake. Good luck.  

You should get a 10 year one since your marriage was more than 2 years when entered the US. 

[payxibka 10,047]

1 hour ago, zw085213 said:

Thanks! Do you think I still have chance to receive 10 years green card although the officer stamped CR1 status on my passport? 

Not necessarily, the USCIS has no idea what was stamped in your passport.  You can only wait until the card arrives

[Crazy Cat 42,100]

6 hours ago, Bill & Katya said:

Thanks.  I guess if someone is in the process of getting a spousal visa and near their two year anniversary they should wait it out and plan to enter after the anniversary as long as it is within the validity period of the visa.

My wife entered the US on June 22nd.  Our 2 year anniversary was on Jul 30th.  The CBP officer at POE told her that she would have stamped IR-1 if she had waited until July 30th to enter.

[Crazy Cat 42,100]

3 hours ago, zw085213 said:

Thanks! Do you think I still have chance to receive 10 years green card although the officer stamped CR1 status on my passport? 

If you entered the US prior to being married for 2 years, you will still have to ROC!!!  If you get a 10 year card by mistake, you still have to remove conditions.  If you don't, it can result in BIG problems...

You should contact USCIS and get a 2-year card.