10 year green card and IR1 VISA [merged threads]

[Mike E 11,739]

1 hour ago, Omar Doumbia said:

But now I'm wondering why at the embassy they gave me IR1 visa

That’s a first one for me. I do not have an answer.

 

3 minutes ago, Omar Doumbia said:

I'm going to call the USCIS

waste of time.

3 minutes ago, Omar Doumbia said:

and explain that to them and also write to them through my portal. Honestly, I don't know why I would be to be blamed since it's on them. If I were not being curious I wouldn't even notice the error.

You need to file I-751 90 days before June 28, 2024.

[Omar Doumbia 0]

Thank you Mike. I'll do that.

[Lil bear 4,145]

15 minutes ago, Omar Doumbia said:

I'm going to call the USCIS and explain that to them and also write to them through my portal. Honestly, I don't know why I would be to be blamed since it's on them. If I were not being curious I wouldn't even notice the error.

At the risk of being pedantic .. but.. 

 

warning /advice on multiple USCIS resources .. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview/step-12-after-the-interview.html

 

Passport and Visa 

Your immigrant visa will be placed on a page in your passport. Please review the printed information right away to make sure there are no errors. If there are any spelling or biographical errors, contact the embassy or consulate immediately.

 

 

Like many other steps in this process, rightly or wrongly , the onus is on us to also be vigilant. 
 

The time to address it simply was when you received the passport. The next opportunity was 12 months ago..  Do not delay any longer. The consequences aren’t going away 

[Omar Doumbia 0]

Alright, thank you.

[SalishSea 17,744]

2 hours ago, Omar Doumbia said:

But now I'm wondering why at the embassy they gave me IR1 visa even though they had all the required information and papers. Don't you it was because I was here before and the two years were very close. They've actually even reassigned the same SSN

No.  That's not how any of that works.  SSN is for life.

 

The type of visa  issued at the embassy is inconsequential.  What matters is duration of marriage on the date of POE.  Yours was under two years and you were incorrectly issued the wrong GC.  This is not a bonus freebie for you.  You need to get it corrected, or face potentially dire consequences.

[jackiegringa 419]

Without trying to correct this you will face a chance of having your ROC denied since it's on their records you are a 10 green card holder. But you are required to file ROC so that's another mistake. Then when you file for citizenship they will check everything and might find not one but two discrepancies... you are burying yourself deeper and deeper for no reason.

 

File the I90 as told to do last year, stop trying to find a way around their mistake. It's your job to fix it now, or risk losing your immigration over it. It can take years and years to fix a mistake at the ROC or N400 stage, you do not want to live in a limbo like that.

[Mike E 11,739]

The good news is that it is probable OP will get to keep the erroneous 10 year GC until I-751 and/or N-400 are adjudicated. 
 

Buckle up for the ride …

 

if I-90 is filed now; the probability of USCIS

 

* sending an RFE for the 10 year GC before I-751 is filed, or

 

* sending an RFE for the 10 year GC with a deadline before I-751 is filed

 

are, IMO, below 5 percent.

 

Regardless, every LPR is entitled to proof of status at all times, and I would refuse to comply with an RFE for the 10 year GC until USCIS granted my request for an ADIT.

And IMO the odds of USCIS delivering an ADIT between now and the 2 year anniversary of OP’s GC are under 1 percent:

 

Sure USCIS talks a good game with its mail in ADIT process, but in fact USCIS is back to its dirty tricks denying LPRs their I-551s. Making it all but possible to get USCIS to answer the phone makes the mail in ADIT process a nothing burger.
 

And once I-751 is filed,

 

* IMO pending I-90s are canceled, with prejudice
 

* USCIS says I-90 cannot be filed.

 

By all means, play the I-90 game. But OP will win the game because USCIS won’t even show up to play. 
 

The wild card here is if OP travels internationally after I-751 is filed, and presents the extension letter with GC (as OP should, to avoid an I-193 fee) CBP might take the 10 year GC and replace it with an ADIT. This is a good outcome. 

 

 

 

 

[jackiegringa 419]

8 hours ago, Mike E said:

And once I-751 is filed,

 

* IMO pending I-90s are canceled, with prejudice
 

* USCIS says I-90 cannot be filed.

Don't mean to derail the topic but if you care to elaborate on this I would appreciate learning more about this particular situation. Why filing I-90 for a mistake would interfere with I-751? Is there a regulation I could read to understand it better?

 

I had a different experience by filing I-90 for lost GC, then months later I-751 on schedule and got the I-90 approved before the expiration date on the original GC and it seems like my I-751 didn't change much this process.

[Omar Doumbia 0]

I called the USCIS and was able to speak to someone. They said I was supposed to receive a 2 year one but dont know why I received a 10 year one. So, they gave me an ID service number and phone number. I should receive a call from them and see from there what's what.

[Mike E 11,739]

8 hours ago, jackiegringa said:

Why filing I-90 for a mistake would interfere with I-751?

It does not.

 

Filing I-751 interviews with I-90 because:

 

* USCIS has decided it will interfere. The published instructions for I-90 and/or I-751 say so

 

* USCIS is not interested in producing a green card that is expired at time of production or delivery. Given current I-90 processing times, on average that is exactly what would happen. 

 

So while the advice to have OP file I-90 is all well and good, compliant with VJ T&C, etc, it is an exercise in futility on average.

 

And OP continuing to ignore advice  to file I-90 and instead engaging with tier 1 USCIS officers is simply brilliant because arguably OP has the right to confirm with USCIS what the correct process is. The clock is going to run out and OP will keep the 10 year GC.

 

8 hours ago, jackiegringa said:

had a different experience by filing I-90 for lost GC, then months later I-751 on schedule and got the I-90 approved before the expiration date on the original GC and it seems like my I-751 didn't change much this process

And did the I-90 produce a new GC in hand?

Edited September 21, 2023 by Mike E

[Omar Doumbia 0]

What does OP stand for ?

[powerpuff 6,603]

14 minutes ago, Omar Doumbia said:

What does OP stand for ?

Original poster = you 

[Lil bear 4,145]

So i am  just looking for clarity of where the error initiated

 

@Omar Doumbia

 

Was the visa in your passport IR1 or  CR1

[Omar Doumbia 0]

It was IR1

[jackiegringa 419]

2 hours ago, Mike E said:

And did the I-90 produce a new GC in hand?

Got it, thanks.  Yeah it did - USPS lost it at first and then I got it resent. Quite the endeavor, was also denied adit in the meantime. It's documented in the forums for posteriority.