Embassy issued wrong category visa

[Cherie123 8]

received visa and  now in the US. Embassy issued cr-1 visa when they should have issued IR-1 visa.  Married for more than two years when visa was issued and traveled to states. 
Who do I contact  to get state department/ immigration to fix this?

[nastra30 2,287]

4 minutes ago, Cherie123 said:

Who do I contact  to get state department/ immigration to fix this?

It depends on what physical green card eventually shows up in your mail. You should be receiving a 10year greencard. If you receive a 2year greencard submit form I-90 to have it corrected.

[Letspaintcookies 2,310]

Did you made CBP aware when you entered? They are able to convert to the right category. They might did without you noticing and your greencard will have the right category printed.

[Cherie123 8]

Letspaintcookies, My daughter-in-law tried to tell them that they could change it and she had her marriage certificate with her. But they didn’t seem to know what she was talking about and said that they couldn’t change anything. She tried to explain, but They wouldn’t listen and my son who’s with her didn’t want her to argue with him anymore about it because he was afraid that they might get annoyed and not let her through. So we’re just wondering who she should contact to get this changed?

[Chancy 6,241]

29 minutes ago, Cherie123 said:

received visa and  now in the US. Embassy issued cr-1 visa when they should have issued IR-1 visa.

 

It doesn't really matter -- both IR1 and CR1 are "immediate relative" category spouse visas.  No point getting the visa changed.  What matters is the immigrant's status upon entry to the US.  Your daughter-in-law's immigration status should be IR1, even if her visa was CR1.  Having IR1 status entitles her to a 10-year green card.  Has she paid the $220 immigrant fee yet?  As mentioned above, if she receives a 2-yr GC instead of the 10-yr GC she is entitled to, she should file an I-90 with USCIS to get the card replaced with a 10-yr one.  Filing fee is $0 due to USCIS error.

 

[Lil bear 4,201]

19 minutes ago, Cherie123 said:

Letspaintcookies, My daughter-in-law tried to tell them that they could change it and she had her marriage certificate with her. But they didn’t seem to know what she was talking about and said that they couldn’t change anything. She tried to explain, but They wouldn’t listen and my son who’s with her didn’t want her to argue with him anymore about it because he was afraid that they might get annoyed and not let her through. So we’re just wondering who she should contact to get this changed?

You need to wait and see what is on the physical GC.   If its not a 10 yr card then follow the posted advice submitting an I90 using the “ USCIS error” reason 

[pushbrk 12,883]

3 hours ago, Cherie123 said:

Letspaintcookies, My daughter-in-law tried to tell them that they could change it and she had her marriage certificate with her. But they didn’t seem to know what she was talking about and said that they couldn’t change anything. She tried to explain, but They wouldn’t listen and my son who’s with her didn’t want her to argue with him anymore about it because he was afraid that they might get annoyed and not let her through. So we’re just wondering who she should contact to get this changed?

They can't change the visa.  It's the status you care about. You'll know when you receive the green card.

[Cherie123 8]

Thank you all for answering my questions. Yes they paid the immigration visa processing fee of $220 before she entered the US.  About how long will it take for her to receive her green card?

[Chancy 6,241]

18 hours ago, Cherie123 said:

About how long will it take for her to receive her green card?

 

USCIS says to wait up to 90 days after US entry, assuming the immigrant fee has been paid.  But many of us had to wait more than 120 days before our plastic green card arrived in the mail.