Confused 2yr vs 10yr When to File

[AaronLV 12]

PLEASE READ BEFORE COMMENTING

Background: My fiancee came here on a K1 we got married, filed AOS, got approved and then she received her PRC which expires in 2019. Obviously we have been married less then 2 years, however she received a card that says Permanent Resident Card with an expiration of 10 years out.

I took this to mean we would not have to file to lift conditions since she was issued a 10 year card. However I was talking to one of her friends husband today and he said it does not matter, you still have to file to lift conditions after 2 years.

From what I have read with the paperwork we received it all says we need to apply for a new card several months before expiration date. On all the paperwork we have received, nowhere does it say conditional residence.

So my question is Do we need to file to lift conditions in 2 years?

[Anh map 2,098]

It's based on the expiration date shown on the card.

To settle any concerns that you may have you could make an InfoPass appointment to verify the expiration date.

[furiousng 2]

If you have been married less than two years, the ten years GC is probably a mistake. Its better you bring this to USCIS notice so she does not lose her residency for failure to lift conditions. Once USCIS corrects the mistake, you will need to remove conditions within 90 days of second anniversary of residency. All the best!

[Otto 83]

So my question is Do we need to file to lift conditions in 2 years?

The card itself will not say "Conditional" or not ("non-conditional' I guess).

Do you need to file to remove/lift conditions?

I would most definitely advise you guys to make an infopass appointment before your window for filing closes (the window opens 90 days before the end of what would be 2 years after the card was issued and closes on that 2-year anniversary date). Just to be absolutely sure they (USCIS) isn't expecting you to file and is not unaware your card's expiration was issued for 10 years, not 2.

In other words - you do not want to find out after the fact that you were supposed to file the I-751. With a 10-year expiration date - you could potentially not find this out until WAY down the road.

[payxibka 10,045]

PLEASE READ BEFORE COMMENTING

Background: My fiancee came here on a K1 we got married, filed AOS, got approved and then she received her PRC which expires in 2019. Obviously we have been married less then 2 years, however she received a card that says Permanent Resident Card with an expiration of 10 years out.

I took this to mean we would not have to file to lift conditions since she was issued a 10 year card. However I was talking to one of her friends husband today and he said it does not matter, you still have to file to lift conditions after 2 years.

From what I have read with the paperwork we received it all says we need to apply for a new card several months before expiration date. On all the paperwork we have received, nowhere does it say conditional residence.

So my question is Do we need to file to lift conditions in 2 years?

Wait and see if you get the reminder letter about 4 mos. before the two year anniversary

[Otto 83]

Wait and see if you get the reminder letter about 4 mos. before the two year anniversary

I wouldn't count on such a letter - we received no such letter (yes, they have always had the correct address).

[payxibka 10,045]

Wait and see if you get the reminder letter about 4 mos. before the two year anniversary

I wouldn't count on such a letter - we received no such letter (yes, they have always had the correct address).

ours arrived just within the last several weeks

[ELW 5]

There have been several cases exactly like yours. Many of us advised many things and a couple people ended up waiting for three years then applied for citizenship - because their 10-year green cards still had many years validity! Their citizenship application was REFUSED and they were advised to send in the removing conditions application. They were told that it was USCIS's mistake that they were issued a 10-year green card instead of the usual 2-year conditional, and they should have brought it to USCIS notice. So they were delayed for many months because they could only apply for citizenship after their removing conditions was approved.

I would advise an Infopass, get it straightened out somehow; and definitely send in your Removing Conditions packet at the right time to avoid problems later. Good luck!

Edited August 11, 2009 by ELW

[Thai family 0]

My vote is for the InfoPass. I was happy for you two when I first read about the ten year card, but it made me nervous, too. Just because they apparently made a mistake doesn't mean it can't come back to haunt you. It would be no fun to have the unanswered question hanging over you for the next several years, either.

-Thai Mom

[Kathryn41 3,205]

I concur with ELW's post. There have been instances on VJ in the past where K-1s have received a 10 year card before their 2nd wedding anniversary. Some of them tried to fix it at the time with mixed success. The recent developments have been as ELW says - when they applied for citizenship their applications were denied because they had failed to apply to remove conditions.

Issuing a 10 year card instead of a 2 year card doesn't change the legislation that states that everyone who has been married less than 2 years and applies for a green card based upon the status of their marriage to a US citizen receives a conditional 2 year status from which they need to apply to remove the condition by the expiry of the 2nd anniversary of becoming a permanent resident. While the green card might be wrong, it doesn't change the fact that your marriage was less than 2 years old when the green card was issued.

Definitely make an infopass and try to get it sorted out. Even then, consider filing the ROC application within the 90 day window prior to your 2nd green card anniversary.

Edited August 11, 2009 by Kathryn41