Entering US 2 weeks before CR1 visa expires

[mam521 2,058]

20 hours ago, Crazy Cat said:

I would mention to the CBP officer that "I'm entering after 2 years of marriage.  I should get a 10 year Green Card".  You could enter on the date of visa expiration, and it wouldn't cause a problem.  Good Luck!! 

CBP doesn't give a hoot about what greencard should be issued.  We entered the day after our 2 year anniversary and they essentially said not my monkeys, not my circus.  That's up to USCIS and whatever their systems say.  2 out of the 3 cards came as IR's and Kid2's required an I-90 filed to fix it.  

[Crazy Cat 41,812]

2 minutes ago, mam521 said:

CBP doesn't give a hoot about what greencard should be issued.  We entered the day after our 2 year anniversary and they essentially said not my monkeys, not my circus.  That's up to USCIS and whatever their systems say.  2 out of the 3 cards came as IR's and Kid2's required an I-90 filed to fix it.  

They were correct.  CBP doesn't determine which Green card is issued....but sometimes, they will stamp IR instead of CR. 

[mam521 2,058]

7 minutes ago, Crazy Cat said:

They were correct.  CBP doesn't determine which Green card is issued....but sometimes, they will stamp IR instead of CR. 

When I inquired, CBP said because the visa issued said CR-1, that's what they stamp.  Makes sense because they go with what they know.  It's up to the other jurisdiction issuing the permanent resident card to make the IR determination.  

 

The only reason I mention it is because we've seen people panic when it's stamped CR instead of IR and them not realizing CBP and USCIS don't interfere in each other's daily business.  

[Dashinka 24,480]

10 minutes ago, Crazy Cat said:

They were correct.  CBP doesn't determine which Green card is issued....but sometimes, they will stamp IR instead of CR. 

To be clear, they physically write in the visa class in the inspection stamp.  That being said, it is not a bad idea to remind them when entering and try to get them to write "IR1" on the stamp in case USCIS messes up with the GC (I know, that never happens  ).

[Crazy Cat 41,812]

3 minutes ago, mam521 said:

The only reason I mention it is because we've seen people panic when it's stamped CR instead of IR and them not realizing CBP and USCIS don't interfere in each other's daily business.  

Agree.  I, too, think it is important that people know CBP has no say in determining 2 year card or 10 year card.  

[shefuk1 7]

11 minutes ago, mam521 said:

When I inquired, CBP said because the visa issued said CR-1, that's what they stamp.  Makes sense because they go with what they know.  It's up to the other jurisdiction issuing the permanent resident card to make the IR determination.  

 

The only reason I mention it is because we've seen people panic when it's stamped CR instead of IR and them not realizing CBP and USCIS don't interfere in each other's daily business.  

 

6 minutes ago, Crazy Cat said:

Agree.  I, too, think it is important that people know CBP has no say in determining 2 year card or 10 year card.  

 

10 minutes ago, Dashinka said:

To be clear, they physically write in the visa class in the inspection stamp.  That being said, it is not a bad idea to remind them when entering and try to get them to write "IR1" on the stamp in case USCIS messes up with the GC (I know, that never happens  ).

But how does this work with the I-94, which CBP handles? If you get a CR-1 stamp incorrectly, you will fall out of status on CBPs end after 2 years. Won't this cause issues if you have to leave and re-enter the US, even if you have a (correct) 10-year greencard?

 

Presumably also, your I-94 "status" will be CR/1, so do you have to file for RoC after 2 years?

Edited February 10, 2023 by shefuk1

[Dashinka 24,480]

Just now, shefuk1 said:

 

 

But how does this work with the I-94? If you get a CR-1 stamp incorrectly, you will fall out of status on CBPs end after 2 years. Won't this cause issues if you have to leave and re-enter the US, even if you have a (correct) 10-year greencard?

You do not automatically lose LPR status at 2 years, only the proof has expired and one is required to file an I751 to remove the conditions.  Only an IJ can take someone's status away.

[Crazy Cat 41,812]

1 minute ago, shefuk1 said:

 

 

But how does this work with the I-94? If you get a CR-1 stamp incorrectly, you will fall out of status on CBPs end after 2 years. Won't this cause issues if you have to leave and re-enter the US, even if you have a (correct) 10-year greencard?

No.  Once you enter the US via a spousal visa, your visa will be stamped (endorsed) by CBP.  The endorsed visa serves as a temporary Green Card for a year.  Your plastic Green Card then overrides the stamp. 

[shefuk1 7]

Make sense, thanks all

[mam521 2,058]

34 minutes ago, shefuk1 said:

 

 

But how does this work with the I-94, which CBP handles? If you get a CR-1 stamp incorrectly, you will fall out of status on CBPs end after 2 years. Won't this cause issues if you have to leave and re-enter the US, even if you have a (correct) 10-year greencard?

 

Presumably also, your I-94 "status" will be CR/1, so do you have to file for RoC after 2 years?

No more I-94 after you become a PR.  As @Crazy Cat said, your validated temporary I-551 serves as proof until your plastic card arrives.  

[iwannaplay54 985]

40 minutes ago, shefuk1 said:

 

 

But how does this work with the I-94, which CBP handles? If you get a CR-1 stamp incorrectly, you will fall out of status on CBPs end after 2 years. Won't this cause issues if you have to leave and re-enter the US, even if you have a (correct) 10-year greencard?

 

Presumably also, your I-94 "status" will be CR/1, so do you have to file for RoC after 2 years?

I-94 does not apply to immigrant visas and we left / entered on a visa once because it had a different A number than the still valid green card.  Took citizenship to straighten that out.

Once a PR it takes a formal court hearing and order of a judge to take it away.  CBP can’t invalidate LPR status (they seem to think they can though LOL)

Edited February 10, 2023 by iwannaplay54