I?m married for more than 2 years should I really get a 10 year unconditional Green Card?

[smileyjorge83 0]

I was married for 4 years the time I filed the AOS last August 2011. I came her through K1 Visa and married within the 90 days since I came in USA. We been through a lot of hardships since my husband had to move and change a job company and ending up with a paying low day job company in Florida due to child custody related. We?d been homeless, pennelies at first few months living together but it?s getting better as we strive to fight hardship. We have 2 kids together and he have 4 other kids from his previous marriages that were taken much of his income every month. So we have a hard time saving a money for my AOS. And thanks God, we made it and was approved after almost 3 months even without interview. I got my Green card and it says conditional and will expired after 2 years. I was expecting to get a 10 year unconditional Green Card as what I have learned to the other?s experience that had same situation of mine. What should I do? Should I file I-90 and have them correct the error or I will just wait another 2 years to remove my conditional. This is not a big deal to me but if there is a law that will justify the error I will go for it. Is someone who happened have same situation and was successful for it? Is someone out there can share to me on how they solve the mistakes from USCIS. Hope someone could help my confuse mind soon. Thank yo!!!

[VanessaTony 3,567]

You got the correct card. A K1 is only able to get a 2 year card first. Had you sent an I-130 you would have got a 10 year card. It's not a mistake.

[Brother Hesekiel 2,236]

Vanessa is correct.

USCIS adjudicated your AoS based on the I-129F they had on file from your way back when K-1. Had you spent another $420 for an I-130 to replace the I-129F, you would have saved the $590 and a lot of headaches by not having to file for Removal of Conditions.

We discuss this quite often; why didn't you ask before mailing in your AoS package?

[smileyjorge83 0]

Wish I did ask everything before I sent my application. I was too excited to sent it right away before I signed up here in VJ. And also I have friend who help us on how I file my AOS that happened same situation of mine. They did not file I-130 still they got a 10 year green card. And his wife came here through K1 Visa and Adjusted after almost 3 years from the marriage date. But thank you for the quick replies, I appreciate it!

[VanessaTony 3,567]

Wish I did ask everything before I sent my application. I was too excited to sent it right away before I signed up here in VJ. And also I have friend who help us on how I file my AOS that happened same situation of mine. They did not file I-130 still they got a 10 year green card. And his wife came here through K1 Visa and Adjusted after almost 3 years from the marriage date. But thank you for the quick replies, I appreciate it!

The friend could be in a bit of trouble.

Problem for your friend is a K1 MUST by LAW get a 2 year card first. She got the 10 year card in error and needs to get it fixed. This can cause her issues later. For example there was a case I remember where someone got the 10 year card, like your friend, and when she went to naturalise when she was eligible she was told she was NOT eligible because she had never ROC'd which, as a K1, she was required by law to do. She tried to explain the married more than 2 years but for a K1 it doesn't matter, the rules state they must get a conditional card first and then ROC before eligible for naturalization. Had they filed the I-130 the 10 year card wouldn't be based on the K1 so the rule about 2 year card wouldn't apply.

If I was your friend I would make an INFOPASS appointment to discuss getting the card corrected to a 2 year card.

Edited November 11, 2011 by Vanessa&Tony

[smileyjorge83 0]

Thanks for enlightened me up. Now I understand it so much better. I guess we have so much of things to discuss with my friend. Thank you so much for the advice!

[bobbyA 20]

You got the correct card. A K1 is only able to get a 2 year card first. Had you sent an I-130 you would have got a 10 year card. It's not a mistake.

Vanessa,

This is interesting. So how does a k-1 holder know to file I-130 verses I-485? I was under the impression all k-1's file I-485.

Is it dictated by how long the person's been in the US? For instance a k-1 holder in the US for under 2 years files I-485, but after 2 years the person files I-130?

[ceadsearc 516]

It's not one versus the other. Either way they will be filing the 485. If they have been married more than two years they can file the 130 with it to replace the 129 files originally and get a 10 year card instead. In both cases the 485 (AOS) is filed as well.

[VanessaTony 3,567]

Vanessa,

This is interesting. So how does a k-1 holder know to file I-130 verses I-485? I was under the impression all k-1's file I-485.

Is it dictated by how long the person's been in the US? For instance a k-1 holder in the US for under 2 years files I-485, but after 2 years the person files I-130?

As ceadsearc said, if you're married under 2 years you simply file the I-485, because you'll get a 2 year card for less than 2 years marriage. If you're married OVER 2 years you should (though you don't have to) file the I130 AND I-485 in order to get the 10 year card. The reason for this is a K1 MUST have a 2 year card first. So even though marriage for over 2 years normally would mean a 10 year card, a K1 will get a 2 year card. Filing the I-130 means you're not filing based on a K1 and so you can get a 10 year card.