Plz Help

[BarbSami 32]

My husband received a conditional resident card for 2 years. I thought conditional cards are given if you r married less than 2 years.

I called the 800 number where the know abosolutely nothing and this guy tells me that if the card is received due to a marriage then you get the 2 year conditional resident card. We filed for AOS in 2004 so someone plz explain this to me.

Im sure you guys that have passed this stage in the process knows. I truly would appreciate your reply.

Thanks in Advance,

Barb

[KarenCee 3]

Sounds like you need to make an infopass appointment with your local office.

[EstebanTrabajos 7]

I say the same thing, infopass time!

[sweetpiano 0]

This is a subject I am very interested in, as I have seen people get conditional cards even though their marriage was more than 2 years old. Please keep us updated if you manage to get clarifications from USCIS. If you decide to go for an Infopass, try to find the relevant info (the law) on the USCIS website, print it and take it with you, that way if the IO gives you BS, you could show him the law. Best of luck!

[Tom_Jim 40]

Yeah, that is weird. If you were married in or prior to 2004, and you were granted LPR this year, you should have the non-conditional greencard. That's what I've come to understand, anyway.

[sweetpiano 0]

Here are some links:

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

INA: ACT 216 - CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGHTERS

8 CFR (1-1-08 Edition)

Of the three links above, only the first one says that conditional residence is given if based on marriage less than 2 years old at the time of granting residence. The laws (the other 2 links) do not say that.

What's more, the first paragraph of the INA section 216 says:

"Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse ... shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section." No mention of the 2 years marriage.

Edited June 25, 2008 by sweetpiano

[helinna 0]

Here are some links:

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

INA: ACT 216 - CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGHTERS

8 CFR (1-1-08 Edition)

Of the three links above, only the first one says that conditional residence is given if based on marriage less than 2 years old at the time of granting residence. The laws (the other 2 links) do not say that.

What's more, the first paragraph of the INA section 216 says:

"Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse ... shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section." No mention of the 2 years marriage.

[shawna7 4]

I thought if you were adjusting from K-1 you always received a conditional first.. that was my understanding..but hey..what the hell do I know? I agree with everyone else..make an infopass

[helinna 0]

Here are some links:

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

INA: ACT 216 - CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGHTERS

8 CFR (1-1-08 Edition)

Of the three links above, only the first one says that conditional residence is given if based on marriage less than 2 years old at the time of granting residence. The laws (the other 2 links) do not say that.

What's more, the first paragraph of the INA section 216 says:

"Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse ... shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section." No mention of the 2 years marriage.

Same thing happened to my wife. We were married in Aug05 and she was just approved in Jan 08. Make a infopass appointment. she had to fill out a I-90 form and send her orginal greencard back to where it came from and we also wrote a cover letter explaining we were married for over 2 yrs when she was approved and sent a copy of our marriage certificate also. Five weeks later she recieved a letter letting us know there was a admin error and they were going to correct it. Then she recieved her 10 yr card. Leave me a email if any questions. But make a Infopass first! Also look under the I-90 thread in this forum!

[sweetpiano 0]

Alright, found the law:

Immigration Marriage Fraud Amendments of 1986

Did not actually manage to find the text of the law, since it was signed in 1986 and only laws from 1995 onwards are available online. If you want the text of the law, you'd have to go to the library.

[BarbSami 32]

You guys are great, thanks.

I will write them a letter and send the copies of all documentation to verify the statement that I will make.

I'll let you guys know how it goes.

Barb

[Kathryn41 3,205]

From the Field Adjudicator's Manual:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

(K) Immigration Marriage Fraud Amendments of 1986 . In an effort to deter immigration-related marriage fraud, Congress passed the Marriage Fraud Amendments of 1986 on November 10, 1986. This legislation had a major effect on the adjudication of relative petitions, including:

(several irrelevant items snipped . . .)

• An alien’s lawful permanent residence is “conditional†if the qualifying marriage occurred less than 2 years prior to the alien’s immigration or adjustment. The provision requires that a conditional resident alien seek removal of the conditional basis of the residence shortly before the second anniversary of the date on which he or she immigrated or adjusted (see Chapter 25 regarding removal of conditions).

and:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

References: Section 216 of the Act

8 CFR 216

(a) General . The Marriage Fraud Amendments of 1986 (“IMFAâ€) were enacted in response to a growing concern about aliens seeking permanent residence in the U.S. on the basis of marriage to a citizen or resident when either the alien acting alone, or the alien and his or her reputed spouse acting in concert, married for the sole purpose of obtaining permanent residence. Congress was particularly moved by the testimony of numerous citizens whose alien spouses had left them shortly after obtaining residence, as well as the testimony of Service representatives concerned with “marriage for hire†schemes. Congress also acknowledged the inherent difficulties faced by the Service in determining whether the marriage is fraudulent and whether the alien intended to leave the marital union once lawful permanent residence was granted.

In response to these concerns, Congress passed IMFA, which added section 216 to the Immigration and Nationality Act. Section 216 created a conditional residence requirement for aliens who acquire permanent residence based on recent marriages. The condition being that persons subject to the provisions of IMFA were required to petition the Service two years after obtaining residence for removal of the conditional basis of the residence. Failure to do so, or denial of the removal petition, would result in the alien losing residence status and being removed from the U.S. as a deportable alien. Section 216 also includes a waiver provision because it recognizes that under certain circumstances (e.g., if the marriage had dissolved through no fault of the alien), the alien’s loss of residence and deportation from the U.S. would be inappropriate.

The conditional residence provisions of section 216 apply to:

• Any alien who, based upon a marriage to either a citizen of the U.S. or a lawful permanent resident of the U.S., obtains permanent residence within two years of such marriage[/b] (i.e., as a spousal Immediate Relative or second preference classification); and

• Any child of such alien who also obtains permanent residence through his or her parent’s marriage within 2 years of the marriage.

(irrelevant parts snipped. . . )

The section 216 provisions do not apply to:

• An alien who obtains permanent residence through a marriage which is more than two years old at the time of admission or adjustment;

(irrelevant parts snipped . . .)

Note: It is extremely important that inspectors and adjudicators be very conscious of the date of the marriage at the time the alien is admitted or adjusted. It is not unusual for an alien to be issued a conditional resident immigrant visa by a consular officer shortly before the second anniversary, but to apply for admission after that second anniversary. Likewise, an applicant for adjustment might file a Form I-485 (or even be interviewed regarding such application) prior to the second anniversary, but not be granted adjustment until after that second anniversary. In such cases, the alien should be admitted, or adjusted, without conditions (see 8 CFR 235.11(B) regarding the authority of inspectors to amend the visa classification on an immigrant visa in such situations).

Edited June 25, 2008 by Kathryn41

[sweetpiano 0]

Great research, Kathryn!

[BarbSami 32]

From the Field Adjudicator's Manual:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

(K) Immigration Marriage Fraud Amendments of 1986 . In an effort to deter immigration-related marriage fraud, Congress passed the Marriage Fraud Amendments of 1986 on November 10, 1986. This legislation had a major effect on the adjudication of relative petitions, including:

(several irrelevant items snipped . . .)

• An alien’s lawful permanent residence is “conditional†if the qualifying marriage occurred less than 2 years prior to the alien’s immigration or adjustment. The provision requires that a conditional resident alien seek removal of the conditional basis of the residence shortly before the second anniversary of the date on which he or she immigrated or adjusted (see Chapter 25 regarding removal of conditions).

and:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

References: Section 216 of the Act

8 CFR 216

(a) General . The Marriage Fraud Amendments of 1986 (“IMFAâ€) were enacted in response to a growing concern about aliens seeking permanent residence in the U.S. on the basis of marriage to a citizen or resident when either the alien acting alone, or the alien and his or her reputed spouse acting in concert, married for the sole purpose of obtaining permanent residence. Congress was particularly moved by the testimony of numerous citizens whose alien spouses had left them shortly after obtaining residence, as well as the testimony of Service representatives concerned with “marriage for hire†schemes. Congress also acknowledged the inherent difficulties faced by the Service in determining whether the marriage is fraudulent and whether the alien intended to leave the marital union once lawful permanent residence was granted.

In response to these concerns, Congress passed IMFA, which added section 216 to the Immigration and Nationality Act. Section 216 created a conditional residence requirement for aliens who acquire permanent residence based on recent marriages. The condition being that persons subject to the provisions of IMFA were required to petition the Service two years after obtaining residence for removal of the conditional basis of the residence. Failure to do so, or denial of the removal petition, would result in the alien losing residence status and being removed from the U.S. as a deportable alien. Section 216 also includes a waiver provision because it recognizes that under certain circumstances (e.g., if the marriage had dissolved through no fault of the alien), the alien’s loss of residence and deportation from the U.S. would be inappropriate.

The conditional residence provisions of section 216 apply to:

• Any alien who, based upon a marriage to either a citizen of the U.S. or a lawful permanent resident of the U.S., obtains permanent residence within two years of such marriage[/b] (i.e., as a spousal Immediate Relative or second preference classification); and

• Any child of such alien who also obtains permanent residence through his or her parent’s marriage within 2 years of the marriage.

(irrelevant parts snipped. . . )

The section 216 provisions do not apply to:

• An alien who obtains permanent residence through a marriage which is more than two years old at the time of admission or adjustment;

(irrelevant parts snipped . . .)

Note: It is extremely important that inspectors and adjudicators be very conscious of the date of the marriage at the time the alien is admitted or adjusted. It is not unusual for an alien to be issued a conditional resident immigrant visa by a consular officer shortly before the second anniversary, but to apply for admission after that second anniversary. Likewise, an applicant for adjustment might file a Form I-485 (or even be interviewed regarding such application) prior to the second anniversary, but not be granted adjustment until after that second anniversary. In such cases, the alien should be admitted, or adjusted, without conditions (see 8 CFR 235.11(B) regarding the authority of inspectors to amend the visa classification on an immigrant visa in such situations).

Kathryn u r a doll!! Thank you so very much