USCIS and two years.

[marie007 1]

Hello Carla and all;

I got clarity by calling USCIS. I have to remove conditions 90 days before the expiration date. That is the date and the rules of the card. There is no 10 years because of married on a CR-1. If I had been married 2 years and up before the consulate interview, I would have been giving a 10 year card. After the removal of conditions, form 1-751, I will be giving a 10 year card. I spoke to a woman and she explained that there is no mistake at all.

Carla, I would love to meet up with you just to chat and have coffee. I will write to to you privately with my phone number. Also give you my private e-mail. I can only meet up in St-Louis, on a Saturday or Sunday. I have no idea why Catlett dated one year, but I will follow whatever the permanent resident card says. It seems to me that they kind of pick and choose, who knows? So, 90 days prior to July 19,2011, which would bring me to April 19, 2011. It 's time for me to relax and worry about passing written and road test for driving license. YUK.

Thanks to all, I wish it would have been 10 years. I also check it out on their web-site, it is clear that it is 2 years. At least it is for me.

Marie

[Kathryn41 3,205]

Glad you were able to get it sorted out Marie. Yes, if you had been married less than 2 years when the first green card was approved then it would only be a 2 year card. In 2 years less 90 days you can apply to remove the condition of being for only 2 years and apply for the 10 year unconditional card.

As part of that 'removal of conditions' application you need to submit evidence that shows how you have co-mingled your lives together financially, socially and physically. You can actually start collecting this evidence now. What I did was set aside a box and whenever I got documents that were addressed to the both of us, or letters, cards, notices, memberships, expired health cards when the new ones came in, expired car registration/insurance when the new ones came in, etc. - I put them in the box. That way I had a big selection to choose from when it became time to remove conditions. I then just went through our files and pulled out credit card statements, bank statements, bills we had both paid, then selected the best items from the 'box' and added them together. It really helped make the process easier.

Edited September 2, 2009 by Kathryn41

[S & J 0]

Actually, the USCIS policy is quite clear. You are only a conditional resident if you were married less than two years when you were given residency. What happens is the visa you are given is a CR-1 visa so that is what the borderguard marks it as. Whoever does the greencard up doesn't check the status and sends out a conditional card. It is their error. The visa and permanent resident card are two different things.

The people on the phones of USCIS don't understand this part of the legislation - I called myself. I had to make an infopass appointment to find out what I had to do to get the 10 yr greencard.

Here are my dates: I married my husband June 23, 2006. I got my visa April 21, 2008. We crossed the border June 24, 2008. I recieved a conditional greencard. I filled out i-90 as instructed by the infopass person. In February I received my 10 year card. I am not the only one on VJ this has happened to.

If you want to remove the conditions, that is your perogitve, but if you really did not activate your visa until after your second wedding anniversary, you are eligible for a 10 year card.

[Marilyn. 340]

I found this...

What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR ( conditional resident ) visa, not an IR ( immediate relative ) visa.

http://travel.state.gov/visa/immigrants/ty...types_2991.html

[Marilyn. 340]

what should have happened is that you should have mentioned that you were married for over 2 years at the POE and given your marriage certificate as proof.... I guess maybe they don't look at the dates closely when they process theses things and sometimes these things need to be pointed out...

I would schedule an infopass appointment....

also the people on the USCIS line don't always know what they are talking about...

[Carlawarla 1]

Hi Marie

I got your PM and I'll call you next week. I'd love to meet up with you sometime! I still agree with the other posters that you should have been given a 10 year GC though. You might not have been married 2 years by the time of your interview, but you were when you crossed the border. I still think it's worth coming in for an info pass appointment to clear this up. If you are eligible for a 10 year GC you won't have to pay $600.00 in a few years to renew the one you have. That in itself is a savings you won't want to miss.

As evidenced by S & J, their post above, the same thing happened to them. You've nothing to lose even by filling out the I-90 as they did and sending copies of your stuff in, and not even bothering with an infopass appointment.

Here's what it says to file the paper form I-90.

• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error.

In both of these instances, you must prepare a Form I-90. On the first page of the application, under Part 2, Application type, Number 2, Reason for Application, check box "b" which reads: "My authorized card was never received," or box "d" which reads "My card was issued with incorrect information because of a USCIS administrative error." Include any documents that support your claim with your application.

So, I'd say send in the I-90 form and get your 10 year GC.

Edited September 3, 2009 by Carlawarla

[Flames9_RN 358]

I have read on VJ (long ago) of others that were not quite married 2 yrs at the interview, so at that time was the CR-1, BUT by the time they entered the USA and handed in their documents, it was over 2 yrs and they got the 10 yr card! Now just because it happens at VJ doesn't mean its the right way,lol but worth checking into!!

[Carlawarla 1]

I have read on VJ (long ago) of others that were not quite married 2 yrs at the interview, so at that time was the CR-1, BUT by the time they entered the USA and handed in their documents, it was over 2 yrs and they got the 10 yr card! Now just because it happens at VJ doesn't mean its the right way,lol but worth checking into!!

Yes flames9, I agree! S & J another poster that posted earlier in this thread said that it happened to them, and they got it rectified. They mentioned that it's happened to others as well. There is nothing to lose by filling out the form and seeing what they say!

[marie007 1]

Thanks Kathryn:

I found my papers I had downloaded on removal of conditions ,and you are 100%. Not to say that some do get 10 years upon entry. I will now just relax and do other things.

Marie

Glad you were able to get it sorted out Marie. Yes, if you had been married less than 2 years when the first green card was approved then it would only be a 2 year card. In 2 years less 90 days you can apply to remove the condition of being for only 2 years and apply for the 10 year unconditional card.

As part of that 'removal of conditions' application you need to submit evidence that shows how you have co-mingled your lives together financially, socially and physically. You can actually start collecting this evidence now. What I did was set aside a box and whenever I got documents that were addressed to the both of us, or letters, cards, notices, memberships, expired health cards when the new ones came in, expired car registration/insurance when the new ones came in, etc. - I put them in the box. That way I had a big selection to choose from when it became time to remove conditions. I then just went through our files and pulled out credit card statements, bank statements, bills we had both paid, then selected the best items from the 'box' and added them together. It really helped make the process easier.

[Marilyn. 340]

if it were me I would schedule an infopass appointment and see about getting the 10 year card.. which you should have got..