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Bug&Bug

They gave me CR1 at POE...

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Filed: AOS (apr) Country: Philippines
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4 minutes ago, Bug&Bug said:

So despite me telling the officer that ive been married for more than two years and should get an IR, he said thats not his problem and gave me a CR1.

 

I think I read that once i get the GC i can fill a form to get it corrected? 

 

Ughhhhh

Wait until the GC arrives but yes you can get it corrected if ir arrives wrong.  Form i-90

YMMV

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9 minutes ago, Bug&Bug said:

I think I read that once i get the GC i can fill a form to get it corrected?

https://www.uscis.gov/i-90 Reason D

Filing Fees by Application Reason:

Reason for Application

Form Fee

Biometric Services

Total

(A) My card has been lost, stolen, or destroyed.

$455

$85

$540

(B) My previous card was issued but never received.

$0

$0

$0

(C) My card has been mutilated.

$455

$85

$540

(D) My existing card has incorrect data because of DHS error.

$0

$0

$0

(E) My name or other information has been legally changed.

$455

$85

$540

(F ) My card will expire within six months or has already expired.

$455

$85

$540

(G1) I have reached my 14th birthday, and my existing card will
expire after my 16th birthday.

$0

$85

$85

(G2) I have reached my 14th birthday and my existing card will
expire before my 16th birthday.

$455

$85

$540

(H1) I am a permanent resident who is taking up commuter status.

$455

$85

$540

(H2) I am a commuter who is taking up residence in the U.S.

$455

$85

$540

(I) I have been automatically converted to permanent residence status.

$455

$85

$540

(J) I have a prior edition of the card, or I am applying to replace my card for a reason not specified above.

$455

$85

$540

 

Edited by HRQX
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Filed: Country: Vietnam (no flag)
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CBP does not control whether you get a 2 years conditional GC or 10 years GC.  The law and your entry after your 2nd wedding anniversary controls which card you get.

 

Wait for the GC to arrive.  You will most likely get your 10 years GC.  

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6 minutes ago, aaron2020 said:

CBP does not control whether you get a 2 years conditional GC or 10 years GC.

Seems OP is saying that the CBP officer didn't follow the relevant section of 8 CFR Part 235 Inspection of persons applying for admission. See 8 C.F.R. § 235.11(b): "Correction of endorsement on immigrant visa. If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible."

Edited by HRQX
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Filed: Citizen (apr) Country: England
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13 hours ago, Bug&Bug said:

So despite me telling the officer that ive been married for more than two years and should get an IR, he said thats not his problem and gave me a CR1.

 

I think I read that once i get the GC i can fill a form to get it corrected? 

 

Ughhhhh

 I think I would be on the phone with the closest POE site management asking if the error could be corrected before the card is issued, citing the above. Others have been helped with issues by going to their closest site, not necessarily at their entry POE airport if that is not near your current location. 
 

You might start digging here. There’s lots of phone  numbers and departments to explore. https://www.cbp.gov/contact/ports?_ga=2.153641406.780812347.1614265468-180099227.1614265468

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1 hour ago, Wuozopo said:

 I think I would be on the phone with the closest POE site management asking if the error could be corrected before the card is issued, citing the above. Others have been helped with issues by going to their closest site, not necessarily at their entry POE airport if that is not near your current location. 
 

You might start digging here. There’s lots of phone  numbers and departments to explore. https://www.cbp.gov/contact/ports?_ga=2.153641406.780812347.1614265468-180099227.1614265468

Ill give it a try but i assume now with covid that might be complicated.

You think doing it the i90 route might have risks?

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Filed: Citizen (apr) Country: England
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3 minutes ago, Bug&Bug said:

Ill give it a try but i assume now with covid that might be complicated.

You think doing it the i90 route might have risks?

Don’t think so, it just takes a very, very long time and you are without your incorrect greencard during that time. I am just one that calls many official sources to try to get info instead of asking on a forum, so just shared my thoughts with you. I do know of people in the past who have resolved POE entry mistakes, but have no idea what the current situation is. It’s easy to make phone calls and ask questions. 

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Filed: Timeline

I agree with the above. There is usually a limited window where CBP can make corrections so I would urge you to contact them asap to see if its possible. If they can help you would most likely be directed to appear in person where they would issue you a new stamp or otherwise amend your stamp with additional markings/stamps. 

 

There is no 'risk' involved with the i90. The more appropriate terminology is 'hassle'. There is a lot of hassle involved in using the i90 to correct your card. Because you entered as a CR you do have a 551 stamp which will reduce the issues you are facing though- which is good news. The 551 = greencard = proof of status , and you can show the 551 stamp (which is good for one year) as proof of status the same as you would present a plastic GC. When looking at things like DMV requirements pay close attention to what they say they accept. You do not/will not have the plastic GC so dont let places blow you off by insisting they want the actual card-their list should include wording of 551 stamp being acceptable. When you submit the i90 you need to mail back the incorrectly issued GC so for someone that came on a K they end up in a position where they are mailing back their proof of status and would then need to obtain a 551 stamp from infopass. 

 

I believe there is also something on the USCIS website currently (in the online tools section?) where you can submit i90 issues however I would encourage you to use the paper form and mail back the incorrect card. The online system will accept your request and begin processing it which can be tempting as it seems to get it moving faster but most likely at some point they will ask for the card back which would cause a delay. (I have seen people use that system though and never be asked for the incorrect card at all). As I said though because you currently have a 551 stamp IMO its best to use the paper form and mail the card back so that this issue is limited to the least amount of steps for you. Send the i90, get a receipt and simply wait. The i90 can take anywhere from 2-3 months to 6 months to 1 year depending on workload. IF for whatever reason you end up waiting a long time apx 60 days prior to your stamp expiring you would start the process to obtain an infopass for a new stamp (which is basically getting an appt and bringing the i90 receipt and your valid passport for them to stamp). I dont think its going to take that long for you to get the corrected card back though and theres no point in exploring the specifics on how to get such a stamp 1 year from now because its very likely the process for obtaining infopass will be different then. Just be aware of the general process on how to get a stamp and remember you need a valid passport for them to stamp. Your current stamp is in your current passport so you do not want to start any kind of process to renew/replace your passport unless you absolutely need to. 

 

Just make sure you make copies for your records of the incorrectly printed GC (front and back) and a copy of the i90 package you will be mailing with a tracking number. Otherwise proceed in life as you would using the 551 stamp as your proof of status until you get the corrected card in hand. 

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If you live near one of these deferred inspection sites, you may be able to talk to someone in person there about the issue before sending the I-90:

 

https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

From that page:

 

Quote

The Deferred Inspection Site staff is also available to review and issue the necessary documents to remedy errors recorded on arrival documents issued at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate. Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued.

 

Edited by JKLSemicolon
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3 hours ago, Wuozopo said:

Don’t think so, it just takes a very, very long time and you are without your incorrect greencard during that time. I am just one that calls many official sources to try to get info instead of asking on a forum, so just shared my thoughts with you. I do know of people in the past who have resolved POE entry mistakes, but have no idea what the current situation is. It’s easy to make phone calls and ask questions. 

Well the original immigrant visa + entry stamp serves as evidence of permanent residency for 1 year (and can be used for anything an actual green card can be used for - work, getting a social security card, international travel, getting a driver's license, etc), so you're not utterly screwed because you have to send the defective green card back with an I-90.

 

If the I-90 takes over a year for some reason you can use the I-90 receipt to get an ADIT stamp (aka I-551 stamp) which similarly to the above can be used for anything a physical green card can be used for.

Contradictions without citations only make you look dumb.

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I have seen many cases on here where people were issued a CR-1 visa but between visa issuance and POE the second anniversary of their marriage happened. Despite what they were told by CBP, almost all of them received the correct card in the mail. The stamp in the passport is the same whether you have been married 2 years or not. 
 

If your POE experience was anything like mine, the bloke couldn’t wait to get rid of me and even threw my passport across the counter with these exact words “stamp’s good for 1 year. NEXT!” They don’t issue the green cards, thank goodness. The people in the offices that do issue them know what they are doing (for the most part) and mistakes with cards are rare. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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43 minutes ago, JFH said:

I have seen many cases on here where people were issued a CR-1 visa but between visa issuance and POE the second anniversary of their marriage happened. Despite what they were told by CBP, almost all of them received the correct card in the mail. The stamp in the passport is the same whether you have been married 2 years or not. 
 

If your POE experience was anything like mine, the bloke couldn’t wait to get rid of me and even threw my passport across the counter with these exact words “stamp’s good for 1 year. NEXT!” They don’t issue the green cards, thank goodness. The people in the offices that do issue them know what they are doing (for the most part) and mistakes with cards are rare. 

I really hope they just issue the correct one so there is no hassle. I sent uscis an e-request on their "correcting typo request" even if i dont have the GC yet just in case by any chance that shows in the system when they process it. And we will call CBP now but going in person right now will be difficult.

 

My experience at POE was a bit baffling to be honest. He was like "well thats not my problem I just care you are legal, you figure it out with uscis". I insisted a bit more and he was like " well worse case you just remove conditions, its not a big deal" LIKE WHAT!? 

So i gave up. 

 

 

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