Husband received conditional greencard despite being married 5 years

[Insha 17]

48 minutes ago, mushroomspore said:

I already answered your question about updating it: go to a Deffered Inspection Location and verify the error with CBP and have them update it from their end and then file a new I-90 with very clear cut la guage about your marriage date, date of entry and their own policy about 2 vs 10 year cards.

 

 The CBP officer should have updated it then and there. But now your husband has been recorded by CBP as entering on a CR-1 when they should have recorded him entering on an IR-1.  The exact status that a person is recorded entering the US with is extremely important and all government agencies will argue that it is the traveler's responsibility to ensure all information is correct. USCIS is not the same as CBP. They do different things and are run independently from each otber but work together so you should also go to a Deferred Inspection Location to have CBP update it on their end. 

 

FYI: I've been to a Deferred Inspection location once because the agent stamped my passport as "B2 Tourist/Visitor" when I was actually entering with my F-1 student visa. I didn't realize until I got home and my school's international advisor told me to go to the Deferred Inspection office because obviously I was not a tourist at the time. I went, they changed it and all was fine.

 

Side note: why is the site showing ads with a really gross image of a person's hand with holes and worms coming out of it?? I'm here to help people, not get grossed out?! 😬

I will definitely reach out to them tomorrow, thank you!!

[arken 4,197]

3 hours ago, mushroomspore said:

But now your husband has been recorded by CBP as entering on a CR-1 when they should have recorded him entering on an IR-1.  The exact status that a person is recorded entering the US with is extremely important

Mistakenly stamped CR1 doesn't mean a 2 year GC is issued unless of course uscis makes a mistake. Contrary to OP's case, 10 year card has also been mistakenly issued to people entering on CR1, within 2 years of marriage. It's uscis mistake and something is going on. Usually uscis will have no issues reissuing correct GC once i90 is properly filed. OP hasn't responded what options were chosen on i90. Just telling uscis "give me my 10 year GC" is of course not a solution.

Edited December 27, 2021 by arken

[Insha 17]

49 minutes ago, arken said:

Mistakenly stamped CR1 doesn't mean a 2 year GC is issued unless of course uscis makes a mistake. Contrary to OP's case, 10 year card has also been mistakenly issued to people entering on CR1, within 2 years of marriage. It's uscis mistake and something is going on. Usually uscis will have no issues reissuing correct GC once i90 is properly filed. OP hasn't responded what options were chosen on i90. Just telling uscis "give me my 10 year GC" is of course not a solution.

I selected the replace GC due to an error on the card option on the I90.

[millefleur 5,046]

16 hours ago, Insha said:

I selected the replace GC due to an error on the card option on the I90.

That is correct. You did everything right, it's USCIS who is being weird. Hopefully at Infopass appointment you can explain and they will understand.

[millefleur 5,046]

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[Mr Genuis 91]

On 12/26/2021 at 1:17 PM, Insha said:

Hi guys, 

 

My husband immigrated in March of 2020 and after 1 year of waiting for his greencard, when he finally got it it was a Conditional card. We have been married since 2016 and I had originally filed for him in 2016 so I thought maybe it was an error. Based on other peoples' advice, I filed an I90 to fix the error but they mailed us a letter saying we need to continue to wait until the date to file to remove the conditions off his greencard as well as pay the fee. Basically, they don't think it's an error. I called uscis and spoke to 2 individuals who told me that the condition is based off when I applied and that since I applied a few months after my marriage the greencard is Conditional. I don't understand how that is remotely even accurate at all, even when his visa was approved we were 4 years into our marriage. Someone please help me understand how this is right when on USCIS' website it states that a Conditional card is for those who had their visa approved less then 2 years into their marriage. Right now they are telling us to file to remove the conditions and pay the almost $700 fee as well as go in for the marriage interview which we are looking at another 15 months for the whole process. Does anyone have any advice for us? Thank you

Per the law. You are supposed to get a 10 years green card with no doubt. This is just a very stupid error from their path. You must have met an io who is  so ignorant of the law. If you have some money, look for a lawyer. It is a Clear case to win.

[Ms.F.Brown1 19]

On 12/26/2021 at 1:17 PM, Insha said:

Hi guys, 

 

My husband immigrated in March of 2020 and after 1 year of waiting for his greencard, when he finally got it it was a Conditional card. We have been married since 2016 and I had originally filed for him in 2016 so I thought maybe it was an error. Based on other peoples' advice, I filed an I90 to fix the error but they mailed us a letter saying we need to continue to wait until the date to file to remove the conditions off his greencard as well as pay the fee. Basically, they don't think it's an error. I called uscis and spoke to 2 individuals who told me that the condition is based off when I applied and that since I applied a few months after my marriage the greencard is Conditional. I don't understand how that is remotely even accurate at all, even when his visa was approved we were 4 years into our marriage. Someone please help me understand how this is right when on USCIS' website it states that a Conditional card is for those who had their visa approved less then 2 years into their marriage. Right now they are telling us to file to remove the conditions and pay the almost $700 fee as well as go in for the marriage interview which we are looking at another 15 months for the whole process. Does anyone have any advice for us? Thank you

Contact your state senator and have them to look into it for you.

[Spotify 76]

How long did it take to get a letter from them after submitting the I-90?  Did you submit the I-90 online or by mail?

[Viking 142]

On 12/26/2021 at 1:32 PM, Insha said:

I spoke to a lawyer (random free consultation one from google) who said there's not much I can do and basically just advised us to file to remove the conditions and pay the fee and to have him apply for citizenship next March since it'll be 3 years by then. 

We have been married since 2016 so 5 years now, going on 6 years in July.

It  is my understanding that the 3 year requirement to apply for Citizenship is based on the LPR / GC issue date .. 

[Mike E 11,739]

4 hours ago, Viking said:

It  is my understanding that the 3 year requirement to apply for Citizenship is based on the LPR / GC issue date .. 

That is one basis. Other bases have to be satisfied.  It’s actually quite complicated and difficult to succinctly state.  As a result some beneficiaries and IOs get it wrong.  

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to General Immigration-Related Discussion, where topics about GC replacement are discussed ***