10 yr. GC without removing of condition

[LaneAndDaisy 0]

Hi. I would like to ask if USCIS now issues a 10-yr. greencard without getting first the 2-yr. GC???Ive a friend who just received her GC valid for 10 yrs (2021) although what she applied for was the 2-yr GC..Is this a mistake ?misprint? or a new policy? If this is so, I guess she's very lucky not to apply for removing of condition...saves money and time

thanks...

[SunDrop 59]

Hi. I would like to ask if USCIS now issues a 10-yr. greencard without getting first the 2-yr. GC???Ive a friend who just received her GC valid for 10 yrs (2021) although what she applied for was the 2-yr GC..Is this a mistake ?misprint? or a new policy? If this is so, I guess she's very lucky not to apply for removing of condition...saves money and time

thanks...

How long had she been married at the time her AOS was approved? The 2 year conditional is dependent on the length of time married. Some people delay their AOS for a while, meaning by the time their AOS is processed, they've been married 2 years.

[Kish.2328 9]

How long had she been married at the time her AOS was approved? The 2 year conditional is dependent on the length of time married. Some people delay their AOS for a while, meaning by the time their AOS is processed, they've been married 2 years.

Would it be okay to file for AOS later than 90 days of arrival? What are the consequences when filing late?

[SunDrop 59]

Would it be okay to file for AOS later than 90 days of arrival? What are the consequences when filing late?

Yup, it's fine, as long as you don't get stopped by Border Patrol. There are a couple of historic cases, where people were detained until their spouses filed their AOS paperwork but legally there is no "within 90 days" rule. The only requirement of your K-1 visa is that you are married within 90 days.

The definite consequences are that you cannot get your EAD, driver's license, and a number of other useful day-to-day things until you file your AOS.

[Penguin_ie 5,993]

Without AOS you cannot work and in some places, cannot get a DL or sign an apartment lease. %There is a small chance of being detained if stopped, but you will probably be ok.

[payxibka 10,045]

Hi. I would like to ask if USCIS now issues a 10-yr. greencard without getting first the 2-yr. GC???Ive a friend who just received her GC valid for 10 yrs (2021) although what she applied for was the 2-yr GC..Is this a mistake ?misprint? or a new policy? If this is so, I guess she's very lucky not to apply for removing of condition...saves money and time

thanks...

You do not apply for a two year green card, you simply apply for adjustmentt of status to permanent residence and the USCIS decides based on the length of the marriage at that time.

[Harpa Timsah 13,258]

I have seen stories, however, where someone gets a 10-year GC by mistake. They are still required to remove conditions. The card date error doesn't absolve them of the fact that they need to remove conditions. If you friend was married 2 years before s/he got the GC, then it's fine.

Furthermore, if someone is planning on waiting 2 years to AOS off an approved I-129F, they may still get a two-year GC and be required to remove conditions. There is a law which states that someone AOSing off an approved I-129F must get a 2-year GC, even though that contradicts the law which states that someone who has been married 2 years should get a 10-year GC. Your spouse can't apply for citizenship until s/he has been a permanent resident for 3 years, so if you are planning to apply for citizenship, applying for AOS quickly would be in your best interest.

[Kish.2328 9]

Yup, it's fine, as long as you don't get stopped by Border Patrol. There are a couple of historic cases, where people were detained until their spouses filed their AOS paperwork but legally there is no "within 90 days" rule. The only requirement of your K-1 visa is that you are married within 90 days.

The definite consequences are that you cannot get your EAD, driver's license, and a number of other useful day-to-day things until you file your AOS.

I see - so does that mean I am still considered living legally in the US even if we filed for aos 90 days after my arrival? No rules will be violated? Cos I don't wanna get into any trouble and I don't wanna break any rules. If I cannot work bcos of not having my GC yet that would be fine. Our main concern is that, we just need a little time to save up again and then get back on track and do the biz. (Its gonna be costly cos its gonna be me and my son. From visa fees, to medical exams to plane tickets to aos = $$$$ LOL )

[LaneAndDaisy 0]

How long had she been married at the time her AOS was approved? The 2 year conditional is dependent on the length of time married. Some people delay their AOS for a while, meaning by the time their AOS is processed, they've been married 2 years.

She is married less than a yr and applied for AOS 3 months ago..and she told me that the GC says something about W46 which means she was granted an LPR status meaning Late Amnesty Applicant under Immigration Reform Act..yes she did her AOS after a yr. of her marriage coz the husband needed the W2/Tax papers of his sister as co-sponsor..he doesnt make a lot from his work and this was the reason of the delay...at any rate, im happy for my friend at least she doesnt have to undergo the same AOS process again, if this means a real 10 yr GC....

[LaneAndDaisy 0]

You do not apply for a two year green card, you simply apply for adjustmentt of status to permanent residence and the USCIS decides based on the length of the marriage at that time.

yes..sorry..i thought when i said 2-yr GC everyone will understand its AOS.. thanks for the correction

[VanessaTony 3,567]

She is married less than a yr and applied for AOS 3 months ago..and she told me that the GC says something about W46 which means she was granted an LPR status meaning Late Amnesty Applicant under Immigration Reform Act..yes she did her AOS after a yr. of her marriage coz the husband needed the W2/Tax papers of his sister as co-sponsor..he doesnt make a lot from his work and this was the reason of the delay...at any rate, im happy for my friend at least she doesnt have to undergo the same AOS process again, if this means a real 10 yr GC....

It's a mistake and she MUST report it. She needs to file an I-90 to correct the error (free because it's their mistake). She has only been married for less than 2 years and isn't eligible for the 10 year card. If she doesn't report it she could end up having her residency revoked when she doesn't file ROC.

Sorry. it's a mistake and she now needs to fix their mistake. it's also likely they'll return her application because she has the 10 year card and she'll have a fight to prove she isn't eligible. Even though that sounds unfair she'll be the one that pays for their mistake by having her LPR revoked.

[LaneAndDaisy 0]

It's a mistake and she MUST report it. She needs to file an I-90 to correct the error (free because it's their mistake). She has only been married for less than 2 years and isn't eligible for the 10 year card. If she doesn't report it she could end up having her residency revoked when she doesn't file ROC.

Sorry. it's a mistake and she now needs to fix their mistake. it's also likely they'll return her application because she has the 10 year card and she'll have a fight to prove she isn't eligible. Even though that sounds unfair she'll be the one that pays for their mistake by having her LPR revoked.

Hi. I informed my friend about reporting it and which she agreed to do..However, she did mention to me that one of her friends was also granted a 10-yr GC..both of them have sons whom USCIS granted a 2-yr GC...so i guess that's how it works now with USCIS...

[Kathryn41 3,205]

No, this isn't how it works now with USCIS. This is a mistake.

Both of your friends received the wrong date on their card when they entered. The law clearly states that any applicant receiving Permanent Resident status on a marriage to a US citizen that is less than 2 years old at the time of the issuance receives a conditional 2 year card. USCIS does not have the option to do anything but that - it is the law. So, if your friends have 10 year cards they are issued in error and they do need to correct the error. They are still required to apply for the I-751 Removal of Conditions within the 90 day period prior to the 2nd anniversary before they can get the proper 10 year card.

A few years ago on VJ there was someone who received a 10 year card even though they had entered on a K-1 and had been married for less than 2 years at the time. They just thought they were 'lucky' - until they filed for Citizenship after 3 years. USCIS discovered their error at the time, denied the Citizenship because they were not eligible as they had not filed to remove conditions, and it was only with the intervention of an elected official that they were then allowed to file 'late' for the I-751. They were told that even though it was USCIS' error, they were responsible for making sure that it was correct - and bearing the consequences for it not being correct. It caused a lot of hard ache, fear, and anger for the couple who did eventually succeed in removing conditions and applying for citizenship.

So - it is USCIS' error but your friends will bear the brunt of the problems that will result from that error unless they get it corrected.

Edited March 27, 2011 by Kathryn41

[LaneAndDaisy 0]

No, this isn't how it works now with USCIS. This is a mistake.

Both of your friends received the wrong date on their card when they entered. The law clearly states that any applicant receiving Permanent Resident status on a marriage to a US citizen that is less than 2 years old at the time of the issuance receives a conditional 2 year card. USCIS does not have the option to do anything but that - it is the law. So, if your friends have 10 year cards they are issued in error and they do need to correct the error. They are still required to apply for the I-751 Removal of Conditions within the 90 day period prior to the 2nd anniversary before they can get the proper 10 year card.

A few years ago on VJ there was someone who received a 10 year card even though they had entered on a K-1 and had been married for less than 2 years at the time. They just thought they were 'lucky' - until they filed for Citizenship after 3 years. USCIS discovered their error at the time, denied the Citizenship because they were not eligible as they had not filed to remove conditions, and it was only with the intervention of an elected official that they were then allowed to file 'late' for the I-751. They were told that even though it was USCIS' error, they were responsible for making sure that it was correct - and bearing the consequences for it not being correct. It caused a lot of hard ache, fear, and anger for the couple who did eventually succeed in removing conditions and applying for citizenship.

So - it is USCIS' error but your friends will bear the brunt of the problems that will result from that error unless they get it corrected.

Kathryn, thanks for this info...this is a vivid explanation and with a good example..Ill make sure ill copy and paste the same message to my friend so she'll be well informed and do the necessary and prompt action