IR-1 but received conditional green card

[majm 20]

Hello everyone,

 

Thanks for taking the time to read this. My wife is from Colombia - she entered the US about 3 weeks after our 2 year wedding anniversary. POE was Atlanta and we advised immigration that she should be IR-1, not CR-1, after showing him our marriage certificate. There was no issue at POE, the immigration officer understood, crossed out CR-1 from her visa, wrote IR-1, and also wrote IR-1 on the stamp itself with her A number. This was in October 2021. In January 2022, she received a conditional green card, so we immediately filed I-90 online with scans of our marriage certificate, passport with IR-1 on the visa and stamp, etc. This led to a biometrics appointment a few weeks later. At the time of filing, the estimated processing time was 10 months. It is now 20 months.

 

My wife received a reminder letter in the mail yesterday saying that she needs to file to remove conditions before October 2023. The USCIS website says we are within the "normal processing time" for our I-90 and that we should not contact them about the case until January 2024 at the earliest (which would be 4 months after her conditional green card expires). When we initially filed I-90, we did not see there is another option to report a typographic error. Is this applicable for our case? I'm not sure this counts as a typographic error since the validity itself is the problem. She is very concerned that she will soon be with an expired green card. USCIS contact by phone has been useless, as has their online support (all canned responses for every inquiry). I found similar cases here on VisaJourney, but many are from years ago. Has anyone had this same issue recently? Any suggestions?

[Crazy Cat 41,845]

I would not file an I-751.  Keep the I-90 receipt handy.  If she needs evidence of legal status, arrange to get an ADIT stamp in her passport.   This is not a typographical error.   Personally, I would not want an I-751 (which wasn't really required) floating around in the system.  I-751s are costly and a real hassle. 

Editorial Comment: The I-751 should be eliminated by a change in the law.

 

Note: In usual USCIS fashion, some I-90s are processed very fast, while others take months and months. 

Edited June 14, 2023 by Crazy Cat

[milimelo 4,477]

Involve your congressional or senator's immigration aide to help with this. They'll get you results fast. 

[pushbrk 12,882]

6 hours ago, milimelo said:

Involve your congressional or senator's immigration aide to help with this. They'll get you results fast. 

Possibly and definitely worth a try.  Note this is not critical unless the immigrant is working and needs to show continued status, of if international travel is planned.

[majm 20]

My wife will be traveling internationally in August. She works in corporate finance and certainly wants to avoid any potential issues with immigration status.

I contacted my Senator's office today and will update this thread if anything comes from it. Thanks to everyone here for your responses!

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to General Immigration-Related Discussion, where topics related to GC replacement are discussed ***