Going for a "ghetto" IR-1...anything we need to do at customs? [merged threads]

[DK999 14]

My spouse has been issued a CR-1 visa (yay), and because our 2nd anniversary is soon, we're going to enter the US after that date to secure a 10-year green card. 

 

I've seen a couple stories of people getting the 2-year green card by mistake because they were classified incorrectly at customs, or something to that effect. So, my question is, do we have to do/say anything when entering, or is it just up to the powers-that-be to put 2+2 together and issue our green card correctly, and then file some more exciting paperwork in case there's a mistake?

 

Thanks!

Edited September 1, 2023 by DK999

[Crazy Cat 41,985]

I think entering after the 2-year anniversary is an extremely wise move.  The determination of a 2-year card vs a 10-year card in not made by the CBP officer.  That will be done, based on your records, before the Green card is produced.  However, mentioning it to the CBP officer is wise, imo.  Good luck.  

If there is a mistake, you would file an I-90 (no fee) to have the card corrected.

Edited September 1, 2023 by Crazy Cat

[Chancy 6,243]

*** Moved from IR1/CR1 Process & Procedures to Moving to the US forum, where topics about POE procedures are discussed ***

 

[Mike E 11,741]

4 hours ago, DK999 said:

So, my question is, do we have to do/say anything when entering

IMO, what the CBP officer does at the port of entry has a strong influence on what USCIS does when it produces your GC. I have read of cases where the officer wrote IR-1 on the endorsement of the CR-1 and others where he refused to do so, saying it is up to USCIS to handle it. And most times, in the latter case, USCIS issues the 2 year GC by mistake.

 

As @Crazy Cat states, the law does not give discretion. And yet, mistakes in ghetto IR-1s are reported on VJ several times a year.

 

I think when ghetto IR-1 and IR-2 visa holders

arrive at a port of entry, they should:

* bring an original marriage certificate

* to the extent the set up at the CBP arrivals hall allows, select the oldest appearing CBP officer to approach. That officer has seen it all and done it all. 
 

It can take over 2 years for I-90 to produce a new GC. So whatever the beneficiary should whatever is possible  to influence the outcome.

Edited September 1, 2023 by Mike E

[TBoneTX 45,668]

9 hours ago, Mike E said:

whatever the beneficiary should whatever is possible to influence the outcome.

In addition to Mike E's good advice, pleasantly insist that the CBP agent notate "IR-1" during endorsement.  If that agent resists, pleasantly insist on consulting the shift supervisor, with the reasoning that this is too important to be left up to USCIS to notice on its own.

[DK999 14]

Thanks for all the good advice. Hoping to catch our CBP officer in a good mood. More than two years to replace a green card...holy #######

[TBoneTX 45,668]

18 hours ago, DK999 said:

catch our CBP officer in a good mood

Sometimes you can, but typically they're in a foul humor and looking to nail someone.   

Nah -- just be polite and ask for the supervisor if needed, and you should be fine.

[DK999 14]

Spouse and I arrived in the land o' free today and thanks to some of you nice folks we came prepared for the ghetto IR-1 hurdle.

 

Long story short, first officer says he can't endorse her CR-1 visa as IR-1. I ask for the supervisor. He says the same thing. I don't accept defeat and he says well you can take it "to the back," aka scary secondary down the long red line. So I agree. We waited almost an hour until an officer, who curiously wasn't wearing the same "cop" outfit as all the others handling people in secondary called our name, asked for our marriage cert, said gimme one min to take care of this, and handed back her passport with "IR-1" written in the endorsement stamp. Hoorah.

 

Now for a dumb question: even though her entry was through CBP, does USCIS automatically get notified and thus start the green card processing? Any recent estimates on how long that takes? Thanks.

 

[Crazy Cat 41,985]

What the CBP officer stamped on the passport doesn't matter.  If you have been married for 2 years or longer on the day the visa holder entered the US, a 10 year card should be issued.  That determination is not made at the point of entry.  If she was processed, the 10 year plastic card should arrive a few weeks to a few months after entry...same with the SS Card.  

Edited October 5, 2023 by Crazy Cat

[DK999 14]

4 minutes ago, Crazy Cat said:

What the CBP officer stamped on the passport doesn't matter.  If you have been married for 2 years or longer on the day the visa holder entered the US, a 10 year card should be issued.  That determination is not made at the point of entry.  If she was processed, the 10 year plastic card should arrive a few weeks to a few months after entry...same with the SS Card.  

A couple contributors in the previous thread seemed to believe otherwise.

 

So that raises the question: why are so many ghetto IR-1 people given 2-year green cards? Is this just human error on USCIS' part?

[Crazy Cat 41,985]

4 minutes ago, DK999 said:

Is this just human error on USCIS' part?

Yes.   USCIS makes that determination...not CBP.  

Edited October 5, 2023 by Crazy Cat

[Chancy 6,243]

*** Merged related threads.  Please post your questions/updates related to this topic in this thread to keep the discussion in one place. ***

 

18 hours ago, DK999 said:

even though her entry was through CBP, does USCIS automatically get notified and thus start the green card processing? Any recent estimates on how long that takes?

 

CBP is supposed to notify USCIS of the immigrant's arrival.  That should be handled automatically through their system, but that's a black box to us.

 

Have you paid the $220 immigrant fee?  USCIS says it could take up to 90 days from US entry + fee payment to get the plastic GC.  In some cases (like mine), it took longer than 120 days.