IR-1 instead of CR-1 on Green Card

[arken 4,197]

The explanation could be as simple as:

 

"I am married with her mother for more than two years when she entered US with the immigrant visa."

 

However rather than just providing a statement, provide actual dates of marriage and the US entry. Provide a copy of marriage certificate, POE stamp, (copy of birth certificate for your daughter's i90). This will help prevent another error by a lazy uscis employee.

[HEA 1]

She is 15 years old and received CR-2 instead of IR-2. Who should send I-90? Herself as teenager (not sure if she can sign it) or her mother? Who should sign it?

[HEA 1]

I am planning to write this explanation:

"The record indicate that I was admitted as CR-2, but should have been admitted as IR-2, since the date of admission of my mother and mine is more then two (2) years after the date of marriage between my mother and my stepfather"

 

Any suggestions?

[HEA 1]

On 2/7/2022 at 11:25 PM, arken said:

You file it online, choose the correct reason. Make sure you select your status as Lawful Perm Resident so it takes to you the applicable section.

 

Later down the road, uscis willl ask you to mail your GC. Till then use GC for any purpose.

I am not filling online, sending I-90 by mail. Why should I select my status as Lawful Perm Resident if Green Card is CR-1?

[arken 4,197]

23 hours ago, HEA said:

I am planning to write this explanation:

"The record indicate that I was admitted as CR-2, but should have been admitted as IR-2, since the date of admission of my mother and mine is more then two (2) years after the date of marriage between my mother and my stepfather"

 

Any suggestions?

Just ask them to provide the correct GC, doesn't matter how she was admitted, no need to ask how she should have been admitted. No need to overthink. 

If providing a statement: Just mention like:

GC issued with incorrect category - CR2. The correct category is IR2 per below:

Date of marriage of my mother and stepfather: xx/xx/xxxx

Date of admission:  xx/xx/xxxx which is more than 2 years from marriage date.

 

2 hours ago, HEA said:

I am not filling online, sending I-90 by mail. Why should I select my status as Lawful Perm Resident if Green Card is CR-1?

Filing online or mailing, no difference. Select LPR. Not sure why not filing online though.

 

On 2/28/2022 at 2:05 PM, HEA said:

She is 15 years old and received CR-2 instead of IR-2. Who should send I-90? Herself as teenager (not sure if she can sign it) or her mother? Who should sign it?

She can sign it, read the instructions.

[HEA 1]

Filed I-90 by mail and the reason was: 2.d. "My existing card has incorrect data because of Department of Homeland Security (DHS) error" It also says to attached existing GC with incorrect data along with application.

 

Now, we received ASC appointment Notice to collect BIOMETRICS. In the letter it says:

You MUST bring: Permanent resident card if you filed Form I-90 Application to Replace Permanent Resident Card.

 

Since we attached original GC with I-90 and sent to USIS we do not have it.

Any advice on it?

 

[Chancy 6,243]

26 minutes ago, HEA said:

Since we attached original GC with I-90 and sent to USIS we do not have it.

 

Bring your I-90 receipt and your passport with endorsed visa.

 

[Jimmyzr1 36]

On 2/7/2022 at 5:01 PM, HEA said:

We need your help and advice.

 

We registered our marriage oversees on December 15, 2019.
 

Husband Filed I-130 in US on March 19, 2020. Interview took place on October 23, 2021, US Embassy in Europe. Received CR-1 visa because at the time of interview Marriage was less two years. Flew to USA on December 29, 2021.

 

At the ATL Airport, Point of Entry Passport Stamp clearly shows date December 29, 2021, and is more than two (2) years of marriage. Why USCIS sent green card by mail as CR-1 but not IR-1?

 

How to correct it?

Doesn’t the IR-1 go by the interview date or the entry in US date? It looks like you guys delayed entry into US just to get past the 2 year from marriage date? The reason I am asking this question is I may end up in the same situation!

[Chancy 6,243]

2 hours ago, Jimmyzr1 said:

Doesn’t the IR-1 go by the interview date or the entry in US date?

 

US entry date, not visa interview date.  If first US entry with immigrant visa is after 2nd wedding anniversary, GC should be IR1 (10-year).

 

[Jimmyzr1 36]

4 minutes ago, Chancy said:

 

US entry date, not visa interview date.  If first US entry with immigrant visa is after 2nd wedding anniversary, GC should be IR1 (10-year).

 

Ok, excellent thanks 

[Family 4,065]

Card is correct and shows LPR since day of decision / grant , admission, not date of entry , be it in the US ( adjustment) or Consular ( coming in).

“ Admitted “ does not refer to entry. 

Some exceptions for refugees, and a few others, where they will backdate LPR date to actual date of entry .

 

3. Effective Date of Permanent Residence

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

[Jimmyzr1 36]

40 minutes ago, Family said:

Card is correct and shows LPR since day of decision / grant , admission, not date of entry , be it in the US ( adjustment) or Consular ( coming in).

“ Admitted “ does not refer to entry. 

Some exceptions for refugees, and a few others, where they will backdate LPR date to actual date of entry .

 

3. Effective Date of Permanent Residence

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

Wow, it’s so crazy if it comes down to days, weeks or a couple of months that you have to go through a whole extra process, and much greater expense if interview is just before 2 years of marriage. It seems like they could try to rush interview dates to make it just before the 2 years, if close, to make some extra money!

 

Does anyone know, if married online, if they go by married date or consummation date to start the ⏰ ticking?

Edited March 29, 2022 by Jimmyzr1

[Family 4,065]

Paper date on marriage certificate..consummation bit is only USCIS requirement.. in the eyes of God, IRS and Divorce Courts and .. you know the rest it’s the Marriage Cert

[HEA 1]

16 hours ago, Family said:

Card is correct and shows LPR since day of decision / grant , admission, not date of entry , be it in the US ( adjustment) or Consular ( coming in).
“ Admitted “ does not refer to entry. 

Some exceptions for refugees, and a few others, where they will backdate LPR date to actual date of entry .

3. Effective Date of Permanent Residence

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

Not sure what is your point. Please rephrase or provide more info. 

[Chancy 6,243]

16 hours ago, Jimmyzr1 said:

much greater expense if interview is just before 2 years of marriage. It seems like they could try to rush interview dates to make it just before the 2 years, if close, to make some extra money!

 

Like what has been mentioned repeatedly before, it is US entry date that matters, not visa interview date.  If first US entry with immigrant visa is after 2nd wedding anniversary, GC should be IR1 (10-year).