Customs officer accidentally gave CR1 Visa

[xzsca10 33]

Hi all. Just arrived in America and wife successfully got a green card. 
 

However, we were supposed to get a 10 Year IR1 visa as we entered USA after 2nd anniversary. 
 

I told the officer this, but he knows I’m not wrong it’s just that he doesn’t have experience switching a visa from CR1 to IR1 and asked me to just go to a local immigration office.

 

I’ve heard bad experiences and intensely long processing times.

 

Can anyone guide me here on what’s the quickest way to go about fixing this and changing to IR1? Thank you

[powerpuff 6,462]

~~ Topic moved from IR1/CR1 spousal visa forum to General Immigration discussion where questions related to GC delivery are discussed ~~
 

Oops, I had to delete as I misread the post. So you did not yet receive a GC yet in the mail correct? 

Edited December 29, 2022 by powerpuff

[xzsca10 33]

12 minutes ago, powerpuff said:

~~ Topic moved from IR1/CR1 spousal visa forum to General Immigration discussion where questions related to GC delivery are discussed ~~
 

Oops, I had to delete as I misread the post. So you did not yet receive a GC yet in the mail correct? 

We just arrived to America yesterday. The green card arriving will be the 2 year condition version because my wife had the CR1 Sticker in her passport, given by the consulate. 
 

Basically it’s been our 2nd anniversary in that time span, so we should get IR1 but officer was inexperienced in switching cr1 to ir1, said he wasn’t comfortable doing it so to just get it corrected with immigration locally and he just gave us the condition green card instead.  
 

I’ve heard it’s painful based on the discussions here on visajourney. 
 

Just sad. Already been a painful last few years

Edited December 29, 2022 by xzsca10
Edit

[powerpuff 6,462]

I don’t think you should be worried just yet. When they print the GC they should know it’s a 10 year one based on your marriage date and date of entry. Remember, CBP and USCIS are completely different entities. And the CBP does not issue green cards. There’s still hope so don’t despair just yet. 
 

In case they do erroneously send a 2 year GC you will need to file I-90 with a fee waived.

 

 

[xzsca10 33]

3 minutes ago, powerpuff said:

I don’t think you should be worried just yet. When they print the GC they should know it’s a 10 year one based on your marriage date and date of entry. Remember, CBP and USCIS are completely different entities. And the CBP does not issue green cards. There’s still hope so don’t despair just yet. 
 

In case they do erroneously send a 2 year GC you will need to file I-90 with a fee waived.

 

 

Got it.. thank you Powerpuff.. will look into I-90 paperwork tonight and be prepared just in case.. 

 

Do you happen to when they usually send out the GCs? 

[Mike E 11,732]

9 minutes ago, xzsca10 said:

The green card arriving will be the 2 year condition version because my wife had the CR1 Sticker in her passport, given by the consulate. 

That is not always true. I dare say is usually not true. 
 

The law says you should get a 10 year gc. 

[powerpuff 6,462]

3 minutes ago, xzsca10 said:

Got it.. thank you Powerpuff.. will look into I-90 paperwork tonight and be prepared just in case.. 

 

Do you happen to when they usually send out the GCs? 

I believe usually within 90 days but YMMV. Did you pay the fee?

 

have a look at this thread where others share their timelines regarding that:

 

Edited December 29, 2022 by powerpuff

[Crazy Cat 41,207]

18 minutes ago, xzsca10 said:

said he wasn’t comfortable doing it so to just get it corrected with immigration locally and he just gave us the condition green card instead.  

The CBP officer does not decide whether a 2 year card or a 10 year card is issued.  That will be done based on your records.  The CR1 stamp is irrelevant. 

Edited December 29, 2022 by Crazy Cat

[xzsca10 33]

1 minute ago, Crazy Cat said:

The CBP officer does not decide whether a 2 year card or a 10 year card is issued.  That will be done based on your records.  The CR1 stamp is irrelevant. 

Thank you good sir. More optimistic now. 

[xzsca10 33]

10 minutes ago, Mike E said:

That is not always true. I dare say is usually not true. 
 

The law says you should get a 10 year gc. 

Thank you, feeling more positive now 🙏 

Does anyone kn

8 minutes ago, powerpuff said:

I believe usually within 90 days but YMMV. Did you pay the fee?

 

have a look at this thread where others share their timelines regarding that:

 

The $220 fee? Yes paid that one many months ago 

[powerpuff 6,462]

You should be good. Keep us posted once you receive a GC

[xzsca10 33]

Just now, powerpuff said:

You should be good. Keep us posted once you receive a GC

Will do! Thanks 

[Mike E 11,732]

10 minutes ago, xzsca10 said:

Thank you, feeling more positive now

You are welcome. Also let me take the opportunity to congratulate you on timing the point of entry to avoid removal of conditions (I-751).  All newly weds / newly engaged should follow your example.  

[iwannaplay54 985]

23 minutes ago, Mike E said:

You are welcome. Also let me take the opportunity to congratulate you on timing the point of entry to avoid removal of conditions (I-751).  All newly weds / newly engaged should follow your example.  

I agree

[Free Man 119]

+1 the CBP officer does not determine what Green card is issue to you. Once you are admitted,  the data is transmitted to the USCIS and the system will automatically process your green card base on what USCIS has in place. You should be good.