No 10 year greencard

[S & J 0]

Okay, so I am hoping someone can tell me what to do.

We crossed the border the day after our 2nd wedding anniversary using a CR-1 visa. Our interviewer agreed with the advice I previously received from VJ that I would receive a 10 yr greencard. Today I received the two year conditional. Anyone seen this before? (Oh, and just so you know I am very thankful for what I got, but if this is what is actually occuring then others should know not to bother to wait like we did).

Thanks.

S

[CHD 0]

When I first read your post I thought it was that you had to be married for 2 years when your visa is granted to avoid conditional residence. However, according to USCIS's own webpage on the matter, I was mistaken as it goes by "the day you are lawfully admitted to the United States on an immigrant visa". Based on their own posted information, theres no reason you should not have received a 10 year green card. Not sure who exactly you would need to call, but you definitely have a right to follow up on this and push for a non-conditional one.

[Cdn_Ali 11]

This is a mistake - you should make an infopass appointment to have it corrected. I asked Montreal to clarify the 2-year thing and they told me when the time comes, to show my marriage licence at the POE and make a point of showing the anniversary date as they might not realize 2 years has passed and code the paperwork wrong. I'm sure they will be able to fix it for you. Did you postpone your Montreal interview specifically for this purpose?

[nimche 8]

It was a very close date and time. They should have mistaken and thought it is not two years yet or they thought by the time of interview you didn't have two years of marriage time.

An Infopass appointment will help you, keep in mind you may have to go couple more time after that. Each officer's interpretation is totally different from the laws.

Good Luck

[coolgt 0]

things to remember even if you are 1 day shy of your 2nd anniversary they won't grant you a 10 year GC. another thing u have to consider is that during your interview the VO may have put on the record as CR1 instead of IR1 so at POE they get mix up and give you a CR1 instead.

with government now a day even 1 min they won't even give you until pass that time lol

[nimche 8]

Well Said.

[pushbrk 12,910]

things to remember even if you are 1 day shy of your 2nd anniversary they won't grant you a 10 year GC. another thing u have to consider is that during your interview the VO may have put on the record as CR1 instead of IR1 so at POE they get mix up and give you a CR1 instead.

with government now a day even 1 min they won't even give you until pass that time lol

POE's don't determine CR1 or IR1. The issue is the green card, not the visa. A CR1 visa holder who enters the US even a day after their second wedding anniversary is entitled to a 10 year card. When mistakes are made, they can be corrected. This is a correctable mistake.

[S & J 0]

Okay, this is excellent to hear - I will make the infopass appointment. So excited that this can be corrected.

We crossed the day after our second wedding anniversary to make sure it was over two years.

The thing is I did give the border guard the marriage certificate as instructed by this sight and the Montreal inveriewer - apparently that didn't make a difference.

Cdn Ali: We did not postpone our interview with this intent. I had an abnormal chest x-ray and because we didn't know what it was we postponed the interview. (After a lung biopsy I was diagnosed with sarcoidoisis - no symptoms so all is well.)

Thanks again for taking the time to reply - very much appreceiated!

Edited July 28, 2008 by S & J

[S & J 0]

Just wanted to quickly update that I received my new 10 year greencard today!!!!!

Thank you to everyone for your advice - this site has helped us so much (in sanity and in saving dollars!!!).

[daboyz 36]

Just wanted to quickly update that I received my new 10 year greencard today!!!!!

Thank you to everyone for your advice - this site has helped us so much (in sanity and in saving dollars!!!).

Sure took them a long time to fix that.