Given 10 year expiration on accident

[SEKYSK 1]

HI All-

I am new to this forum, and looking for advice/assistance. The first time around, we used an attorney, but to remove the conditional status, we are going alone to save the money (especially with it being right around the holidays). I am nervous, but seems to be a pretty straightforward form, and evidence not much different than we gathered together the first time around.

Here's the catch. My husband and I were married less than 2 years at the time he was granted his green card, but he was given a 10 year expiration. We didn't even know that such a condition existed, and our attorney didn't notice the expiration either, so we thought since we had known each other for so long and had such an overwhelming amount of evidence, that the agent gave the 10 year expiration. Well thankfully I happened to reach out to the attorney a couple months ago to inquire about citizenship, and they informed us we first had to remove condition before card expired. After scanning the card and showing them his expiration date, they said it was a mistake and that, by law, we still had to remove the condition (even though the card does not expire until 2019). I have a feeling this happened because we were married Dec 2007 and were interviewed and granted card (same day) in March 2009...maybe the glanced and saw 2 years and mistakingly thought it was just over 2 years.

Anyway, has this happened to many people? My main question pertains to the question on I-751 about date conditional status expires. Do we put the actual date shown on card of 2019 (in which I worry they will see this and send everything back) or do we put date I guess it *should expire* of 03/31/2011 OR what the card actually says 03/31/2019?

Also, second question pertains to question about arrests. My husband was arrested years and years ago for a traffic violation, and we did the whole court certified copy of record showing it expunged, etc, the first time around before he was granted his green card. Do we need to obtain another certified copy from the clerk and check "yes" or is this asking since the time of obtaining the green card?

Thanks iin advance everyone...so glad to have found this community!

[milimelo 4,477]

HI All-

I am new to this forum, and looking for advice/assistance. The first time around, we used an attorney, but to remove the conditional status, we are going alone to save the money (especially with it being right around the holidays). I am nervous, but seems to be a pretty straightforward form, and evidence not much different than we gathered together the first time around.

Here's the catch. My husband and I were married less than 2 years at the time he was granted his green card, but he was given a 10 year expiration. We didn't even know that such a condition existed, and our attorney didn't notice the expiration either, so we thought since we had known each other for so long and had such an overwhelming amount of evidence, that the agent gave the 10 year expiration. Well thankfully I happened to reach out to the attorney a couple months ago to inquire about citizenship, and they informed us we first had to remove condition before card expired. After scanning the card and showing them his expiration date, they said it was a mistake and that, by law, we still had to remove the condition (even though the card does not expire until 2019). I have a feeling this happened because we were married Dec 2007 and were interviewed and granted card (same day) in March 2009...maybe the glanced and saw 2 years and mistakingly thought it was just over 2 years.

Anyway, has this happened to many people? My main question pertains to the question on I-751 about date conditional status expires. Do we put the actual date shown on card of 2019 (in which I worry they will see this and send everything back) or do we put date I guess it *should expire* of 03/31/2011 OR what the card actually says 03/31/2019?

Also, second question pertains to question about arrests. My husband was arrested years and years ago for a traffic violation, and we did the whole court certified copy of record showing it expunged, etc, the first time around before he was granted his green card. Do we need to obtain another certified copy from the clerk and check "yes" or is this asking since the time of obtaining the green card?

Thanks iin advance everyone...so glad to have found this community!

What you need done is when you send the I-751 form to provide a letter of explanation and evidence (stamped visa in the passport with the entry date, marriage certificate) showing you were supposed to get the 2-yr green card. Other than that, all the other usual removal of conditions evidence.

You want to deal with this now so his naturalization isn't rejected and he asked to do the I-751 as has happened to another VJ member.

Arrests - as the question is have you ever - this means you still have to provide all the same documents - hope you made some copies.

Edit: date question - I would put the date on the card but would mark it under * and provide explanation that it should've been expiring in 2011, not 2019 - probably just a typo they made.

Edited November 29, 2010 by milimelo

[SEKYSK 1]

Thank you so much for the reply. That is a good idea. I hadn't given thought to simply clarifying with an added sheet of paper that the date was incorrect. Sometimes the simplest solutions go overlooked! So sounds like this has happened to another member as well?

Only thing is that I believe they held onto my husband's initial passport upon entry (which was expired anyway)...I do not believe they gave it back during the interview. I guess we can just include the marriage certificate, and date green card was issued as evidence that it was less than 2 years.

[milimelo 4,477]

Thank you so much for the reply. That is a good idea. I hadn't given thought to simply clarifying with an added sheet of paper that the date was incorrect. Sometimes the simplest solutions go overlooked! So sounds like this has happened to another member as well?

Only thing is that I believe they held onto my husband's initial passport upon entry (which was expired anyway)...I do not believe they gave it back during the interview. I guess we can just include the marriage certificate, and date green card was issued as evidence that it was less than 2 years.

Yes, there was a member recently on the naturalization forum - he said they wouldn't approve his interview until he sent off the I-751 (he never bothered getting things straight with the USCIS upon receiving the wrong card).