Wife lost her PR card in Jordan

[Azaam Salem 4]

2 minutes ago, powerpuff said:

You need to be contacting the embassy in Amman, not USCIS. Nothing is invalidated. She was correctly issued her 10 year green card. There’s nothing to fix except your wife losing her green card 

I dont know how long this process will take to fix. How long can my wife stay out of the country without losing her visa status?

[Mike E 11,742]

19 minutes ago, powerpuff said:

you really threw a wrench into things by unnecessarily filing for I-751…. Wasted fee and now it’s complicating the situation. 

Usually when the LPR is erroneously issued a 2 year green card the I-751 fee gets refunded.  I think you are correct that it won’t be in this case because the LPR was correctly issued a 10 year green card.  
 

But I am still bothered by something. In the screen shot I captured, OP was quoted as saying they were married in 2017. But when I go to that quoted comment, the comment says 2016.  
 

So the plot might have ever thickened and @Azaam Salem should confirm the date of marriage.   

 

 

20 minutes ago, Azaam Salem said:

 

Wow I don't understand why the embassy said it was conditional. I guess they made that mistake and gave me the impression of it. Did I just invalidate her visa? Can this be fixed? Can I contact the USCIS and they can take care of it?

What was date the visa was issued? This is possibly going to be a critical point the embassy will want to review.  Does her current passport have her original immigration visa?
 

Regardless, even if the embassy issued the incorrect visa tote what matters is when visa holder enters a CBP check point.  

Edited April 7, 2022 by Mike E

[Mike E 11,742]

3 minutes ago, Azaam Salem said:

I dont know how long this process will take to fix. How long can my wife stay out of the country without losing her visa status?

We’ve examples on visa journey of LPRs staying out of the USA for 9 years and returning without problems.  Otoh I know of people who went through a serious grilling after being away between 181 and 364 days, inclusive.  
 

How long has she been away from the USA?

Edited April 7, 2022 by Mike E

[Azaam Salem 4]

3 minutes ago, Mike E said:

Usually when the LPR is erroneously issued a 2 year green card the I-751 fee gets refunded.  I think you are correct that it won’t be in this case.  
 

But I am still bothered by something. In screen shot I captured, OP was quoted as saying they were married in 2017. But when I go to that quoted comment, the comment says 2016.  
 

So the plot might have ever thickened and @Azaam Salem should confirm the date of marriage.   

 

 

What was date the visa was issued? This is possibly going to be a critical point the embassy will want to review.  Does her current passport have her original immigration visa?
 

Regardless, even if the embassy issued the incorrect visa tote what matters is when visa holder enters a CBP check point.  

I am not very good with dates so I had my wife send over our marriage contract. It was dated for 3/3/2016. She was issued a stamp on her passport and it says CR1 and it was issued on 26APR2018, expired 05SEP2018

[Azaam Salem 4]

4 minutes ago, Mike E said:

We’ve examples on visa journey of LPRs staying out of the USA for 9 years and returning without problems.  Otoh I know of people who went through a serious grilling after being away between 181 and 364 days, inclusive.  
 

How long has she been away from the USA?

She is entering into her 3rd month

[Mike E 11,742]

1 minute ago, Azaam Salem said:

I am not very good with dates so I had my wife send over our marriage contract. It was dated for 3/3/2016. She was issued a stamp on her passport and it says CR1 and it was issued on 26APR2018, expired 05SEP2018

The embassy erroneously issued a CR-1.  It doesn’t change the fact that she was correctly issued a 10 year green card. However my fear is the embassy will double down on its error and refuse to help her.  In which case, options you will need to hire a lawyer who files an Administrative Procedures Act lawsuit against the department of state to force it to process the I-131A

 

But here is where she made her worst mistake: the extension letter expired.  Since she thought she should have had a 2 year green card,  2 years and 18 months  from 6/27/2018 is 1/27/2022.  She was traveling on expired status (assuming the 10 year green card was erroneous).  I’ve never heard of conditional LPRs ever making it back to the USA by commercial flight once their extension letter expires.  
 

Fortunately, under the law she is not a conditional LPR.  Now she needs to convince the embassy or a federal court.  
 

She should thinking of a plan B: apply for a visa to travel to Mexico and walk home over land.  CBP will sort this out. They are a competent agency.  

 

 

[Mike E 11,742]

13 minutes ago, Azaam Salem said:

She is entering into her 3rd month

Ok she should be aiming to get home on or before day 180.  

[Azaam Salem 4]

1 hour ago, Mike E said:

The embassy erroneously issued a CR-1.  It doesn’t change the fact that she was correctly issued a 10 year green card. However my fear is the embassy will double down on its error and refuse to help her.  In which case, options you will need to hire a lawyer who files an Administrative Procedures Act lawsuit against the department of state to force it to process the I-131A

 

But here is where she made her worst mistake: the extension letter expired.  Since she thought she should have had a 2 year green card,  2 years and 18 months  from 6/27/2018 is 1/27/2022.  She was traveling on expired status (assuming the 10 year green card was erroneous).  I’ve never heard of conditional LPRs ever making it back to the USA by commercial flight once their extension letter expires.  
 

Fortunately, under the law she is not a conditional LPR.  Now she needs to convince the embassy or a federal court.  
 

She should thinking of a plan B: apply for a visa to travel to Mexico and walk home over land.  CBP will sort this out. They are a competent agency.  

 

 

What's the safest place in Mexico for that?

[Mike E 11,742]

12 minutes ago, Azaam Salem said:

What's the safest place in Mexico for that?

I have personal experience with the Juarez / El Paso pedestrian crossing.  Uber works in Mexico.  If she gets a visa, she would travel to Mexico City, then fly to Juarez on a domestic flight.  Uber works in Mexico. She would take an Uber to the pedestrian CBP check point. 

 

The pediatrics bridge from Tijuana airport to the USA is a possibility but I don’t know if she would be stopped before she got to CBP.  I’ve no experience.  
 

She will likely need a round trip to enter Mexico City 

Edited April 7, 2022 by Mike E

[Azaam Salem 4]

14 minutes ago, Azaam Salem said:

What's the safest place in Mexico for that?

 

14 minutes ago, Azaam Salem said:

What's the safest place in Mexico for that?

After getting in touch with USCIS, I was able to input my info correctly and make the payment. I believe I should be fine hopefully. I will have to wait until the supervisor calls until I can dig deep into this. The rep was helpful and reassured me that even if I made a mistake by filing the wrong form, they will catch it. He did say that if even its expired, it will not motivate any outcome, as long as my status is good and she can still travel back to the US until her form is complete. He did mention something about a notice to have my form cancelled despite them moving on with the biometrics. He isn't to sure about it but the supervisor will know more. Thanks for the help people! 

Edited April 7, 2022 by Azaam Salem

[Mike E 11,742]

14 minutes ago, Azaam Salem said:

 

After getting in touch with USCIS, I was able to input my info correctly and make the payment.

So was the problem in how you were inputting her A number or something else? 
 

14 minutes ago, Azaam Salem said:

 

I believe I should be fine hopefully. I will have to wait until the supervisor calls until I can dig deep into this. The rep was helpful and reassured me that even if I made a mistake by filing the wrong form, they will catch it. He did say that if even its expired, it will not motivate any outcome, as long as my status is good and she can still travel back to the US until her form is complete.

I don’t understand.  She has lost her green card. My understanding is she needs a travel permit.  She can’t travel by commercial aviation into the USA without a valid travel permit or non expired I-552 

 

How can  she “travel back to the US until her form is complete” 

 

14 minutes ago, Azaam Salem said:

 

He did mention something about a notice to have my form cancelled despite them moving on with the biometrics. He isn't to sure about it but the supervisor will know more. Thanks for the help people! 

Once  she is safely in the USA, she should:

 

* write USCIS to withdraw her I-751.  She should include  copies  of her original visa with the facing CBP entry stamp, her 10 year green card, marriage certificate,  and the I-751 extension letter.  
 

* file I-90 to replace her lost green card.  Include same copies as above minus the extension letter 

 

* file for USA citizenship 3 months after she returns, assuming you are a USA citizen and were a USA citizen 3 years prior to her filing for citizenship 

 

[Azaam Salem 4]

2 hours ago, Mike E said:

So was the problem in how you were inputting her A number or something else? 
 

I don’t understand.  She has lost her green card. My understanding is she needs a travel permit.  She can’t travel by commercial aviation into the USA without a valid travel permit or non expired I-552 

 

How can  she “travel back to the US until her form is complete” 

 

Once  she is safely in the USA, she should:

 

* write USCIS to withdraw her I-751.  She should include  copies  of her original visa with the facing CBP entry stamp, her 10 year green card, marriage certificate,  and the I-751 extension letter.  
 

* file I-90 to replace her lost green card.  Include same copies as above minus the extension letter 

 

* file for USA citizenship 3 months after she returns, assuming you are a USA citizen and were a USA citizen 3 years prior to her filing for citizenship 

 

My main concern was paying the fee for form I131a. I can do that now so I can apply for the boarding foil at the US embassy. I am US citizen born here. I will do that. Thanks for the advice! You have been helpful!

[Mike E 11,742]

8 minutes ago, Azaam Salem said:

My main concern was paying the fee for form I131a. I can do that now

Right. So what changed that allows you to pay the fee?

[Azaam Salem 4]

1 hour ago, Mike E said:

Right. So what changed that allows you to pay the fee?

I had to input the full name instead of first and last name 

[Family 4,091]

6 hours ago, Azaam Salem said:

Wow I don't understand why the embassy said it was conditional. I guess they made that mistake and gave me the impression of it. Did I just invalidate her visa? Can this be fixed? Can I contact the USCIS and they can take care of it?

IF at the time of her IV  Interview at the embassy  ( I am guessing it was before 3/3/2018 the marriage was less than 2 years, so embassy correctly approved her as CR / conditional resident and told her about the process to remove conditions) AND prepared her packet for the POE, where they stamped her accordingly on her date of entry 6/27/2018. 
 

BUT by that time , the marriage was already over 2 years and when they produced the card , the category was changed from CR to IR. 
THIS is confusing not ONLY for YOU ( as there was no notice sent when they changed the category)but even USCIS gets confused, see recent post by VJ member who strategically delayed the entry so his marriage would be 2 years and expected the 10 year card bus was issued the 2 yr CR after arrival.

I have yet to find any CLEAR policy/ memos that spell out that DATE of ENTRY is controlling for CRs. 

 

You OP. , did a great job posting to VJ and kudos to all the dedicated members who responded. Please keep posting any updates and you too can help others facing the same dilemma! 
 

At this point, I am wondering why any CR stuck outside ( even with expired extension on their I-751) could not insist on filing the I-131 A  ( they promise a decision in 2/weeks) boarding foil and get back home .