Entering US & Obtaining Green Card

[karanmehta1980]

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.

[longee94]

If your in-laws are withholding your green card, I would either contact USCIS to request a new one (file form i-90 with an address they cannot access) or inform the police. The green card is not their property so they have no right to withhold it from you.

[R78]

1. Yes, you can enter the US with that stamp through 23rd Dec 2020.
2. You can enter through any port. You were initially admitted at SFO but that does not matter anymore.
3. Why were you in India for almost 7-8 months ? What are you bringing to the US ? Did you not receive your greencard ? why ?
4. I would think it is IR1

[karanmehta1980]

longee94 R78 - thank you for your responses guys, appreciate it!

I have a couple of 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 part; 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)?

[verbose]

Have you tried calling USCIS to find out?

[karanmehta1980]

verbose - I have sent a message on USCIS portal enquiring about this. Tried calling too, but the wait time was over 70min and even after that I didn't get connected

[verbose]

I am assuming you don’t have access to your I-485 approval notice either. You could lookup your latest I-94 online but I suspect that will show your non immigrant category.

I’d continue calling USCIS after checking what times the lines are expected to be less busy.

[verbose]

Once in US, it should be possible to obtain a court order for you to go procure your belongings from the in-laws house, along with an accompanying law enforcement officer. That might be all the persuasion your father-in-law needs. It will be good if you can get a proof of delivery of said document to your wife/in-laws address.

I don’t see any problems with you being allowed entry to the US. I’d be honest about what happened and what state your divorce proceedings are in, if asked. You were issued the green card fair and square and you have the right to get the original or be issued a replacement, so I would not stress too much about it.

[karanmehta1980]

verbose - I will call up USCIS and see if I could gather the details over a call, I haven't got any response from them - been more than 24 hours now. Maybe the Turnaround Time is a lot more with a message from the my-account area of USCIS. I don't have access to I-485 Approval notice (should be with my in-laws) and neither to I-94. I do have the proof of delivery which I am able to fetch up with the receipt number I have. However, I don't want to go that way where I have to contact my father in-law unless absolutely necessary as the relationship is not good.


Noted your feedback - I will be very honest with the immigration officer at the POE in the US as thats the best way forward and thats how it should be. I just hope everything goes well at the Airport with the immigration officer (fingers crossed). Do let me know if you would like to highlight anything specific on this front. DOs and DONTs maybe

The officer did tell me that he has made necessary changes to make it IR1, but then you never know!

[verbose]

verbose - I will call up USCIS and see if I could gather the details over a call, I haven't got any response from them - been more than 24 hours now. Maybe the Turnaround Time is a lot more with a message from the my-account area of USCIS. I don't have access to I-485 Approval notice (should be with my in-laws) and neither to I-94. I do have the proof of delivery which I am able to fetch up with the receipt number I have. However, I don't want to go that way where I have to contact my father in-law unless absolutely necessary as the relationship is not good.


Noted your feedback - I will be very honest with the immigration officer at the POE in the US as thats the best way forward and thats how it should be. I just hope everything goes well at the Airport with the immigration officer (fingers crossed). Do let me know if you would like to highlight anything specific on this front. DOs and DONTs maybe

The officer did tell me that he has made necessary changes to make it IR1, but then you never know!

I'd say provide the information asked for truthfully and nothing more. You have the stamp in your passport and its valid for you to enter.
You can also keep a record of your attempts to contact USCIS (print the emails/note dates and times you tried to contact, who you spoke with etc.) in case any question comes up about your attempts to obtain a replacement card. Print the proof of delivery of your green card and let the officer know you plan to collect your green card (assuming you don't already have a replacement card before your travel).

Good luck!

[karanmehta1980]

verbose - thank you for your inputs, very helpful. I didnt think about printing the conversations with USCIS, and this is a very good idea. Opens up my brain for all the avenues like that for future. You rock!

Also, in case anything strikes your mind in next few weeks on my case here, feel free to send a message. I am noting down all these useful tips.

[karanmehta1980]

verbose - 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. This is a little weird as even if USCIS doesn't have the information, then how could I find this information. I may be overthinking, but I definitely don't want it to be rejected for reasons like this. What would you suggest me?

[verbose]

I’d recommend going ahead with filing the I-90. Discrepancies if any should get addressed as part of USCIS processing the I-90. An added benefit is that if you don’t receive a replacement by October, you will have concrete documentation showing that you applied for a replacement, along with your I-551 stamp.

[karanmehta1980]

verbose R78 longee94

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

[verbose]

Welcome back

Have you tried looking at case status on the USCIS website?
How about calling USCIS Monday morning and asking them to look this up for you? Based on the notice of action for your 485, they should be able to find this out.