Obtaining Green Card

Hi All,

I would like to give some background about my case and I am seeking help.

Background

Marriage Date - 17th Dec 2017 [Marriage happened in India]

VISA Issued - CR1 [on 30th Oct 2019]

Date of Entry in the US - 23rd Dec 2019 [More than 2 Years of Marriage - thus requested IR1 Green Card, and the officer accepted the request]

Green Card - Ideally IR1 type for 10 years [basis my conversation with the VISA officer - Not sure - as I never received it)

Date of return to India - 27th Jan 2020 [not getting along with wife and her family, they treated me very badly]

Date of delivery of Green Card - 3rd April 2020 [I tracked it using the Receipt Number and also my USCIS account. Though I never received it - it went to the US address of my in-laws and spouse and they aren't willing to give it to me]

Background - I got married on 17th Dec 2017 to a US Citizen in India. We applied for immigration visa and my VISA got issued on 30th Oct 2019 (It was a CR1 Visa type). I entered the US with the point of entry being San Francisco Airport on 23rd Dec 2019 (2+ years after getting married).

NOTE: Since my marriage had completed 2+ years when I entered the US; I informed the officer that my marriage has past 2 years and if he could issue an IR1 visa (which he acknowledged) and mentioned to me that he has made changes in his notes so that I receive an IR1 Green card only (Green Card applicable for 10 Years - no dependency on the spouse). He confirmed to me that I will receive an IR1 visa only.


However, I wasn't getting along with my wife from the beginning so I couldn't stay at their place for long as it was suffocating, and I came back to India on 27th Jan 2020 (stayed for almost a month in the US) and we had also applied for Divorce during this time in the US only. The divorce case is still under process and would take around 2-3 months to complete.

However, my Green card was delivered on 3rd April 2020. I spoke to my father in law about sending me the green card and he denied (saying he doesn't know if any GC came or not). Basically, he doesn't want to give it to me.

QUESTIONS:

I plan to enter the US in October 2020.

1. Can I enter the US just with my passport? The VISA only my passport says "upon endorsement, serves as temporary I-551 evidencing permanent residence for 1 year". When I entered San Francisco, it was stamped with the Dept of Homeland Security and US Customs and Border "Admitted SFR" Stamp on 23rd Dec 2019.
2. If yes, can I enter Houston or I have to enter via SFO only? My choice is Houston as my uncle is there.
3. What questions will the immigration officer will ask? And how should I approach those questions? [This is important - so please let me know all the types of questions they will ask and what should be my approach]
4. As per the information provided. Which VISA TYPE will be issued? CR1 or IR1? Can the "Class of Admission" be checked OR found out [CR1 or IR1]? I need to add this information in I-90 form which I will apply immediately after I enter the US.
 
1. Since you entered the US with your immigrant visa, it turned into an I-551 (equivalent to a green card) valid for 1 year after your entry (until Dec 23, 2020). So yes, you can use it to enter the US in Oct 2020.
2. anywhere is fine
3. Probably the same questions as any other permanent resident taking a trip abroad
4. No visa will be issued. Your entry stamp, if they even give you one, will probably say "ARC", which is usual for permanent residents. You are by law a non-conditional permanent resident and entitled to a 10-year card. Even if you received a 2-year card with CR1, you would be entitled to get it replaced with a 10-year card with IR1 for free due to USCIS error. So no matter what, you would put on I-90 that you are a non-conditional permanent resident with IR1 class of admission.
 
@newacct - thank you for your response, appreciate it. I have a couple of more questions -

1. I am attaching my VISA in this response and have blanked out a few details. I want you to please have a look and let me know if this is a valid endorsement? As this has only a stamp from Dept of Homeland Security and US Customs and Border and it mentions "Admitted SFR" on 23rd Dec 2019. Does this considered as ENDORSED? I am confused on this, thus asking.

2. To file I-90, the requirement is to add 'Class of Admission' that was in the green card. Since I never got the green card in hand, I am not sure if that is IR1 or CR1. Basis the information provided what should I fill? And is there any way to find what was issued on Green Card (IR1 or CR1)?
 

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@newacct - thanks for the quick revert, very helpful indeed!

1. Okay, thanks a lot for clearing out the confusion.
2. Don't have the original of Marriage Certificate. Have a copy which was uploaded on CEAC website while applying for Immigration (DS-260). I hope that would work, right? I also hope form I-90 has the option to upload images (not sure though)
 
@newacct - Can you share your inputs on the below?

I just got off call with a USCIS representative. I asked her what was the Category on the Green Card OR if she could find 'Class of Admission'. She said she is unable to find any information like that in the tools she has. I told her that the officer confirmed that I will be issued an IR1, she said then you can enter IR1 in the Form I-90.

If USCIS doesn't have the information, then how could I find this information. I may be overthinking, but I don't want it to be rejected for reasons like this and also don't want to delay entering the US (no later than October 2020).
 
@newacct - Hey, thanks a lot for your inputs to my above queries. You have been one of the most helpful and accurate person.
I want to inform that I was able to enter the US with my passport and VISA without any hassles (I entered much earlier than I had initially planned for). I am not looking to fill up I-90 form and have a few questions for you -

1. Does the online version provide any space to add comments? I am at the section where it is asking me for the signature. And it mentions that it will take today's date as a record of my signature. Till this page, I didn't get any section where I could add comments. However, in the offline version of the I-90 I see the comments section right at the end of the document. AFTER the signature page, just want to confirm if its gonna be the same in the online version?
2. I am giving the address of my uncle for the delivery. I have updated this new address in my USCIS account as well as added it in the I-90 form. Would I have to update this in USPS as well separately? I saw a link on USCIS website that mentioned that I should change the address separately on USPS but please confirm as per your knowledge.
3. I am giving my uncle's phone number in the form as I don't have my own local US number yet. Is that okay? Do I have to keep anything in mind or anything I should tell my uncle to keep in mind (in case USCIS/USPS calls)?
4. I am adding IR1 as the category for Green Card since I entered 2 years after the marriage. Hope that's okay. Please confirm.

Looking for a response from you. And thank you again @newacct for your responses earlier.

Regards,
Karan
 
@newacct - I meant that I am now* looking to fill I90.

I think there was a typo where it read ‘I am not looking’. I want to fill the I-90 asap so please do look at the above questions
 
@newacct @BigJoe5 @SusieQQQ @whitemimauz3

I have arrived in the US, thanks for all your help. I am now filling up the form I-90 for my lost GC (I never received it and the packet which was delivered to my in-laws is lost). I have question while filling up the I-90.

- On what date did you become a permanent resident?

I never saw the Green Card. And I first entered the US on 23rd Dec 2019. The visa got issued on 30th Oct 2019. What date should be put for the above question?

Any help would be greatly appreciated.

Regards,
Karan
 
@newacct @BigJoe5 @SusieQQQ @whitemimauz3

I have arrived in the US, thanks for all your help. I am now filling up the form I-90 for my lost GC (I never received it and the packet which was delivered to my in-laws is lost). I have question while filling up the I-90.

- On what date did you become a permanent resident?

I never saw the Green Card. And I first entered the US on 23rd Dec 2019. The visa got issued on 30th Oct 2019. What date should be put for the above question?

Any help would be greatly appreciated.

Regards,
Karan
You became a permanent resident when you entered the US with your immigrant visa. So it would be Dec 23, 2019.
 
@newacct @BigJoe5 @SusieQQQ @whitemimauz3

Thanks, I just submitted the Form I-90 with 23rd Dec as the date. Last question -

I have also updated my address on USCIS and USPS now. I am hoping everything will be good now, fingers crossed. I think the next thing that will happen is I will get a notification I797 from USCIS whether they accept or reject the application. Right? Anything else as part of next steps?
 
@newacct @BigJoe5 @SusieQQQ @whitemimauz3

I filed for I-90 on 14th Aug, received I-797c in a few days after. I have my biometric in a few days from now. I have a question which is extremely important now and its taking away my mental peace.

Situation & Question - My current VISA stamping is active till 22nd Dec 2020 (Valid as temporary I-551 for 1 year). However, my green card will come in 8-10 months. What is the process of staying after 22nd Dec 2020? I checked online and saw "InfoPASS Appointment' could be a route but that's not applicable if you are inside United States. Can I legally stay here with the I-797C receipt?

What is it that I have to do to be able to work as well as stay in the US legally?
 
@newacct @BigJoe5 @SusieQQQ @whitemimauz3

I filed for I-90 on 14th Aug, received I-797c in a few days after. I have my biometric in a few days from now. I have a question which is extremely important now and its taking away my mental peace.

Situation & Question - My current VISA stamping is active till 22nd Dec 2020 (Valid as temporary I-551 for 1 year). However, my green card will come in 8-10 months. What is the process of staying after 22nd Dec 2020? I checked online and saw "InfoPASS Appointment' could be a route but that's not applicable if you are inside United States. Can I legally stay here with the I-797C receipt?

What is it that I have to do to be able to work as well as stay in the US legally?
You are a permanent resident and your stay in the US is legal, no matter if you have documentation of it or not. If you wish to have proof of permanent residency (e.g. you need to start work or travel abroad, or just like to have proof just in case you run into any CBP agents) between Dec 22 2020 and when you get your green card, you can get an I-551 stamp on your passport from your local USCIS office. "InfoPass appointment" just means an appointment at your local USCIS office, and they are obviously for people who are inside the US. I am not sure what you mean with your statement it is "not applicable". If you don't need proof of permanent residency during this time, you can just do nothing.
 
So I went to my account in the USCIS portal and clicked on booking an appointment link. Below is what I get -

Scheduling An Appointment
Inside the United States
If you are inside the United States, you can no longer schedule an appointment online using InfoPass for domestic offices. However, you can check you case, see our case processing time, change your address, and use other tools on our website.

If our online tools do not provide the help you need, please call the USCIS Contact Centre to request an appointment.
 
So I went to my account in the USCIS portal and clicked on booking an appointment link. Below is what I get -

Scheduling An Appointment
Inside the United States
If you are inside the United States, you can no longer schedule an appointment online using InfoPass for domestic offices. However, you can check you case, see our case processing time, change your address, and use other tools on our website.

If our online tools do not provide the help you need, please call the USCIS Contact Centre to request an appointment.
So...it tells you to call them to request an appointment. It doesn’t say you can’t schedule one at all, it says you can’t schedule one online.
 
@newacct @SusieQQQ @whitemimauz3

Guys - USCIS approved my green card, and USPS says they delivered the GREEN CARD in the Mailbox on last Friday (9th Oct) but I never got it. There were mail but no GREEN CARD. I called USPS and logged a complaint and they say they would take another 3 business days to resolve it.

I called USCIS and they said I will have to file another I-90 form for lost/replacement green card. What should I do? What are my options?
 
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