Got Conditional GC even though I entered after 2 years into our marriage

[iamhigh 0]

Hey all,

I had previously received a CR-1 IV stamp on my Passport. This was before our 2 year anniversary. I entered the US after our 2 year marriage anniversary.

According to my information and research, I was expecting a non-conditional GC. I got the GC today which is valid for 2 years after which I have to remove the conditions.

Is this what is supposed to happen? Doesn't the 2-year rule apply to when you enter the country and not when the visa was issued?

Anybody here experienced the same thing?

Please Advise.

Thanks.

[Bobby+Umit 161]

I have seen this happen before.

Contact USCIS and get it corrected.

[milimelo 4,467]

Hey all,

I had previously received a CR-1 IV stamp on my Passport. This was before our 2 year anniversary. I entered the US after our 2 year marriage anniversary.

According to my information and research, I was expecting a non-conditional GC. I got the GC today which is valid for 2 years after which I have to remove the conditions.

Is this what is supposed to happen? Doesn't the 2-year rule apply to when you enter the country and not when the visa was issued?

Anybody here experienced the same thing?

Please Advise.

Thanks.

Did you show your marriage certificate at POE and made sure they changed the classification?

Make an Infopass and go there with supporting documents and the new GC. Be prepared to have to send in the I-90 to get the corrected GC (their fault so you shouldn't have to pay the fees).

[OBX 51]

Did you show your marriage certificate at POE and made sure they changed the classification?

Make an Infopass and go there with supporting documents and the new GC. Be prepared to have to send in the I-90 to get the corrected GC (their fault so you shouldn't have to pay the fees).

^^Agree. Make an Infopass appointment to try to straighten this out. You should be eligible for an IR1.

Good luck.

[iamhigh 0]

^^Agree. Make an Infopass appointment to try to straighten this out. You should be eligible for an IR1.

Good luck.

Spoke to customer rep (2 different ones) - both said this is how it happens these days. You could make an InfoPass appointment, but your classification would not change.

[OBX 51]

Spoke to customer rep (2 different ones) - both said this is how it happens these days. You could make an InfoPass appointment, but your classification would not change.

So are they telling you that the IR1 classification is now based on when the visa was issued rather than when you activate it at the POE? Have you had your infopass appointment yet?

It still states on the I-130 application:

Notice to Persons Filing for Spouses, If Married Less Than Two Years

Pursuant to section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the United States as of the date he or she is admitted or adjusted to conditional status by a USCIS officer.

It will very interesting to see how things work out! Good luck.

Edited February 1, 2010 by OBX

[milimelo 4,467]

Spoke to customer rep (2 different ones) - both said this is how it happens these days. You could make an InfoPass appointment, but your classification would not change.

Spoke as in you talked to the USCIS 1-800 people? Seriously, they're not called MIS-information line for no reason.

Get yourself an Infopass appointment and bring the paperwork with you and talk to an IO officer.

[lucyrich 20]

So are they telling you that the IR1 classification is now based on when the visa was issued rather than when you activate it at the POE? Have you had your infopass appointment yet?

It still states on the I-130 application:

Notice to Persons Filing for Spouses, If Married Less Than Two Years

Pursuant to section 216 of the Immigration and Nationality Act, your alien spouse may be granted conditional permanent resident status in the United States as of the date he or she is admitted or adjusted to conditional status by a USCIS officer.

It will very interesting to see how things work out! Good luck.

If you carefully read section 216 of the Immigration and Nationality Act (g)(1)(B), it says that the key in determining whether the removal of conditions petition has to be filed is the age of the marriage at the time LPR status is granted. In other words, it doesn't matter what category appears on the green card (or visa) or what clerical error the USCIS makes or doesn't make. If the marriage was less than 24 months old at the time status was granted, then the status is conditional and removal of conditions is required. Otherwise, status is permanent and no removal of conditions is required.

The USCIS isn't allowed to arbitrarily change the statute. Congress would have to do that. Since they haven't, USCIS is bound to follow it.

This has come up several times in the past when they've made the error in the reverse direction. If they assign you unconditional status but your marriage is less than two years old at the time of granting status, then you're still required to remove conditions. If you fail to file the I-751 and they eventually go back and figure out their mistake, you're in trouble.

In this case, theoretically, you could ignore their clerical error and just omit filing an I-751. They're not allowed to remove you for failing to file an I-751 that wasn't required in the first place. But I REALLY wouldn't advise letting it go that long. Because they'd probably try and start removal proceedings, and you'd be forced to show up and plead your case in front of a judge, who would probably eventually make the right decision, but not without a lot of inconvenience and mess. It's far safer to get them to acknowledge the mistake before the two years are up.

So maybe when they say "your classification won't change", they're really saying that it doesn't have to change -- that you won't be required to file the I-751 in any case. But get that from them in writing!

[iamhigh 0]

Thanks a lot for your inputs folks. I guess I will try the infopass appt after all.

[OBX 51]

Thanks a lot for your inputs folks. I guess I will try the infopass appt after all.

Good luck and please let us know how things turn out.