I-751 Rejection Notice: “You do not have conditional resident status"

[LA80 3]

@Thilo, POE people are not extremely familiar with the law, and I felt it on my own skin. I was amazed by the ignorance and lack of interest they showed when I tried to explain them that I am not subject to lifting of conditions since I entered after two years of marriage...just to illustrate, they told me I would get social security card after 6-8 months! So do not be surprised they let you in without any problems. They only looked at the date on your GC, and that was it!

What I have been told and advised by 99.9% of people is that your status is determined by the law, the law is always above the stupid administrative omissions, so, you did the right thing when you applied for removing of conditions, and THEY made the mistake AGAIN. The worse thing is that mistake may later cost you and ONLY you and your family. As others said, make an Infopass appointment and be ready to involve the "higher powers".

[Stella08 0]

O.k., found this in another forum and you definitely want to make an infopass appointment and get this straightened out!

http://forums.immigration.com/showthread.php?t=292370

Good luck!

[pront 0]

Hi there!

I came on a K-1 visa, got married and received my Green Card shortly after our AOS Interview. However, I was issued a normal 10-year Green Card instead of the conditional 2-year Green Card.

To be on the safe side we filed the I-751 “Removal of Conditions”. We were assuming that an erroneous GC doesn’t change my conditional status- we put together the complete I-751 package and sent it off in the appropriate time window.

Now it starts getting even stranger. Within two weeks the I-751 package was returned to me with a rejection notice saying: “You do not have conditional resident status. Therefore, there is no need to file an I-751”

See scanned PDF of I-751 Rejection Notice…

Well, if the USCIS is telling us I don’t have conditional resident status- what else shall we do???

Four month have gone by and I am starting to get uneasy… what if I am out of status regardless of what the USCIS is telling us? It wouldn’t be the first time they screwed up… I consider getting naturalized this year and I am worried that this will create problems.

Since my 2-year conditional status “expired” in 09/2008 I left the USA twice on my 10-year GC (Germany, China, POE: San Francisco). There were no problems at all when I came back to the US. Not a single question regarding status, no secondary inspection, nothing- just “welcome back”!

Before I my K-1 visa I had a J-1 visa and was working at UC Berkeley for a year. Could this be the reason why I don’t have conditional resident status?

Any ideas? Thanks a lot!

so how did it end? Did you remove the conditions after all and did the USCIS accept your i 751?

[Marzy 1]

We have similar anxiety, but mine is a DL (human erroneous?). However, when I received my Driver License, I was stunned with the expiration date-5 years, while I was on conditional status. By the law, if you have conditional greencard, your DL expired on the same date of your conditional greencard expiration date. In addition, I went to DMV for date correction, but they refused to do so. Long short story, I went to DMV again in Nov. 2009 to update my status when I received my unconditional greencard. They told me that they only update my status when I renew my DL. Well, this is not my fault if they will bite my butt. I will bite them back. I did my part already.

By the way, to the OP. Don't worry about this. Keep all your receipt, and etc that can prove you didn't just sleep with your 10 years greencard.

Edited June 17, 2010 by Fresgal

[Yurika & Jim 77]

so how did it end? Did you remove the conditions after all and did the USCIS accept your i 751?

I saw your post about you too got 10 year GC at AOS.

Anyway, OP's last log-in date was Feb 03 2009. I don't think you'll get answer from OP here...

[3600rs 24]

<!--quoteo(post=2598521:date=Jan 28 2009, 08:55 AM:name=milimelo)--><div class='quotetop'>QUOTE (milimelo @ Jan 28 2009, 08:55 AM) <a href="index.php?act=findpost&pid=2598521"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->I disagree. This could possibly get him in trouble when naturalization time comes. Infopass and see what they tell you and if possible get it in writing nnd then consider congressman's assistance. You did the right thing filing for I-751 you just need to straighten things out either way - either just keeping your 10-year card or having to resubmit your I-751 - did they return your money?<!--QuoteEnd--></div><!--QuoteEEnd-->

<!--coloro:#800080--><span style="color:#800080"><!--/coloro--> <img src="http://www.visajourney.com/forums/public/style_emoticons/<#EMO_DIR#>/blink.gif" style="vertical-align:middle" emoid="" border="0" alt="blink.gif" />

The Rejection Notice clearly states - You do not have conditional resident status. Therefore, there is no need to file an I-751

All they need to do is file for Citizenship when eligible. Congressman's assistance, infopass, get it in writing is all making it complicated for yourrself.

The Rejection Notice is the written proof and so is the GC. What are you worried about? I guess the USCIS has made all of us so paranoid that simple things don't seem true <img src="style_emoticons/<#EMO_DIR#>/biggrin.gif" style="vertical-align:middle" emoid="" border="0" alt="biggrin.gif" /><!--colorc--></span><!--/colorc-->

correct, right now.

[pront 0]

We have similar anxiety, but mine is a DL (human erroneous?). However, when I received my Driver License, I was stunned with the expiration date-5 years, while I was on conditional status. By the law, if you have conditional greencard, your DL expired on the same date of your conditional greencard expiration date. In addition, I went to DMV for date correction, but they refused to do so. Long short story, I went to DMV again in Nov. 2009 to update my status when I received my unconditional greencard. They told me that they only update my status when I renew my DL. Well, this is not my fault if they will bite my butt. I will bite them back. I did my part already.

By the way, to the OP. Don't worry about this. Keep all your receipt, and etc that can prove you didn't just sleep with your 10 years greencard.

He could not worry about this if the people at the USCIS honored their own decisions, but they don't and can turn on a dime. They will tell you you are fine up until the moment when they out of the blue decide you broke their rules

[VanessaTony 3,567]

He could not worry about this if the people at the USCIS honored their own decisions, but they don't and can turn on a dime. They will tell you you are fine up until the moment when they out of the blue decide you broke their rules

So make an infopass appointment and speak with someone there.