Enters USA after 2 year wedding anniversary, Officer still isues CR.

[tbhoff]

First off, thanks to everyone on here for all of your help in our process.

 

A Brief overview

 

1. our official wedding date is 9/29/12

2. Had a CR-1 visa issued in mid april this year, with an expiration date of mid october 14

 

 

3. I had to enter the USA for school in August, but realized that if the wife entered after 9/29/2014, we would be married for over two years. As such, we planned her entry to be for October 4, 2014. It is my understanding that she should've received her non-conditional green card upon entry, even though a CR-1 visa was issued:

 

 

"If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered conditional.

 

 

4. My wife just went through imigration a few minutes ago, however she claims that inspite of pointing out the marriage date, etc... to the immigration officer, he insisted that only CR could be issued. From everything we have read, it would seem that after 2 years of marriage before entry, the PR should not be conditional. Am I correct?

 

If so, do we have any recourse? Can we have this mistake corrected, or will we have to wait the 21 months and file I-751 and pay the corresponding $505+85= $590 ? Does anyone have any suggestions for next action to take?

 

Thanks in advance

[Catherineli]

HI Tbhoff, You're right that the wife should have permanent green card the minute she is going through the customs for the first time she is landing the USA after the marriage for two years. I had my own non-conditional green card in the same way after I was married for two years. I've heard of such a problem happened to other people. Here is my suggestions,

 

(1) Check your wife's passport again to see what the official seal stands for to make sure there is a mistake from the immigration officer.

(2) Then you'll have to call to claim again to have this mistake corrected. You don't have to wait for 21 months and file any stuff anymore.

 

Good luck to you

 

Catherine

[dnoblett]

Wait for the card to arrive in the mail, if it is a 2 year card, then schedule an infopass appointment to your field office with the card passport showing entry stamp and marriage certificate. They should correct it.

 

I have read other cases where this happened and corrected by field office

[tbhoff]

Ok, thanks for the help guys. I was a little nervous when I posted since I had just gotten the call from mrs. after passing immigration. Stamp in the passport is definitely CR.

 

Although the process had gone relatively smoothly (on the US end) for us before, the actual arrival at SFO was apparently quite unpleasant. After insisting on stamping CR (in spite of being shown the marriage certificate AND a printout of the regulations), he proceeded to tell my wife, "You're just a new immigrant here, let me stamp your passport and leave and go and be happy here." He also forgot to give back her passport and got irritated when she stood there and waited. Even having been to the US many times before, she described this as her single worst experience in the US so far.

 

So, other than the bad start, life is going really well and we're quite happy to be back together again!

 

Looks like infopass appt it is.

[dnoblett]

Wait for the card to arrive in the mail before scheduling an appointment.

[tbhoff]

Will do. One more question. When going through our paperwork, we discovered that the officer took our last copy of the marriage certificate (white book), and thus we have no extra copies.

 

If we do in fact have to schedule an info pass appointment, will we need the official white book as a copy of our marriage certificate? Or can I just get our original marriage/red book translated here? We have already contacted the Chinese consulates here and they won't touch the red books(said they can't verify authenticity of the document outside of china).

 

If we need to get another official copy, the notary office in Beijing said that we would need to mail her shenfenzhen, marriage books, and a letter notarized by Chinese consulate giving permission for her relatives to get another white book for us. Since we don't live anywhere near a Chinese consulate here, I would like to avoid this process if in anyway possible.

[Randy W]

Will do. One more question. When going through our paperwork, we discovered that the officer took our last copy of the marriage certificate (white book), and thus we have no extra copies.

 

If we do in fact have to schedule an info pass appointment, will we need the official white book as a copy of our marriage certificate? Or can I just get our original marriage/red book translated here? We have already contacted the Chinese consulates here and they won't touch the red books(said they can't verify authenticity of the document outside of china).

 

If we need to get another official copy, the notary office in Beijing said that we would need to mail her shenfenzhen, marriage books, and a letter notarized by Chinese consulate giving permission for her relatives to get another white book for us. Since we don't live anywhere near a Chinese consulate here, I would like to avoid this process if in anyway possible.

 

Copies of the white book will probably suffice until you are able to travel to China yourself. You are unlikely to actually NEED one, although you may wish to keep one handy in case that need arises.

 

But of course that need may arise at the InfoPass appt. I would simply cross that bridge when you get there - point out that the last one is in your file, but have a copy of it with you. I would NOT delay the InfoPassm appt. to wait for a new white book.

Edited October 9, 2014 by Randy W (see edit history)