accidental 10 yr green card instead of 2 yr

[azopenmic 0]

the call is yours.

Correct.

[VanessaTony 3,567]

You will need to stick with one version: either the couple sent off their I-751 or they haven't sent it in.

There are virgin births, black Albinos, and healthy children born with two heads, so it's indeed possible that someone at USCIS didn't bother to do their job properly. That can be fixed easily, however. One good way to ensure success is what you suggested yourself: write a cover letter with the I-751 explaining why they are required to file.

You misunderstand. The couple TRIED to file for ROC but their ROC was returned because they had a 10 year card so they just let it go and assumed USCIS knew what they were doing. Come USC time the N-400 was denied because they hadn't ROC'd, which a K1 is required to do. They tried to explain that they had TRIED to ROC but it didn't matter, it was a huge mess.

[kcoyclay1 98]

Vanessa&Tony, what is happening is that they want to hear if anyone got away with it; if someone did, that's the route they'll take. Look at my post and look at the reply. It's sad that they'll use every weak excuse to justify dishonesty. When it's time to apply for citizenship, they'll post another thread omitting that they were told to do the right thing and ask vjers to advise them how to get out of the mess. Just take a look at the conversations and you'll see the plan. It doesn't take a blind person to figure that out. As I said in my last post, it's their call. As the proverb states, "you can lead a horse to the water, but you cannot let it drink."

[Rebecca Jo 1,962]

This has less to do with dishonesty than it does with common sense.

Immigration and residency in the US is a matter of law and regulations. If you want to immigrate or if you want to reside permanently in the US you abide by the law and regulation.

And you do this not as a matter of honesty or dishonesty. You do it because it's the only way gain the benefit.

There is a simple fix for this problem, so just do it.

[kcoyclay1 98]

It actually boils down to doing what is right. What is right in this case is being honest. It should not be only based on the fact that they desire the card, but that they are being honest in their dealings with immigration. If immigration didn't expect honesty, they wouldn't issue conditional residency in order to satify their belief that marriages are not GC based, even though many have used it for that. Note that I'm not saying these are doing it. They seem to be overjoyed at the prospect of 10 years and want justification. They know what to do. Again, it's their call, conscience, and possible problem should they act dishonestly.

Edited January 14, 2012 by kcoyclay1

[azopenmic 0]

I'd like to hear from people to whom this happened rather than people telling me what the law says or speculation about what will happen at ROC or the citizenship interview.

Did you call USCIS and they sent you a new one? (also, how did they do that? She mails her 10 yr in and hopes it does not get lost in the mail while they prepare her new one?)

Did you apply to remove conditions as if it were a 2 yr card and if so, what happened?

Did anyone let this ride and if so, what were your consequences?

I would appreciate firsthand knowledge of this. I have seen on here where this has happened to people but not seen follow-up as to how they dealt with it later or what issues arose because of it.

I was able to make contact with a few others who have been through this so that was accomplished. I'm glad I gave some nice fodder for some to give moral advice. Thanks for taking the opportunity to let me know what you (and probably Jesus) would do with no firsthand knowledge of my situation or anyone else who has been through it. Regardless of what decision I make I'm not going to judge how others dealt with it. For some but obviously not all there are conditions in life that would make a person take advantage of a technicality if you could. My reasons would mean nothing to you as you don't know if I am thinking the way I am because I'm lazy and don't want to get off the couch or whether there is an ill relative accross the world that could get treatment sooner, whether I'm rich or I'm broke or whatever. And I get it. Do the right thing and do it immediately.

[Rebecca Jo 1,962]

Like I said earlier azopenmic, it's not about honesty, dishonesty or any kind of moral "point".

It's about what the rules are. And the rules for K1 entrants is removal of conditions after 2 years.

The card your wife got in the mail was an error. Human beings at the Service make these documents by hand. They don't come out of machine that's already got your details in it. Somebody who was either new on the job or tired at the end of the day made a mistake on her plastic card.

My husband's original greencard said he was from Ireland. He's not. He's from Northern Ireland, which is an entirely different country. Since this wasn't a deal breaker, he kept the card. When we removed the conditions from the 2 year card, he had to go for biometrics. When he was with the biometric collector, he pointed the error on his card. She then began to explain to him how cards are made, and how mistakes can happen. She showed him the list of countries and their abbreviations - someone should have selected the UK as my husband's country of birth. Believe it or not in the USCIS system, "UK" does not stand for the United Kingdom - it stands for Ukraine. The clerk making my husband's first card should have looked a bit further for the USCIS abbreviation of "GB" for Great Britain. But, the clerk making my husband's first card obviously new nothing about geography, or was brand new on the job, or was tired, and ended up selecting "IR" for his card.

Anyway, our story doesn't relate to your situation insofar as exact experience. But I can tell you without a shadow of a doubt that your wife's card is an error. And the error will not obviate the necessity for the rules of her entry.

Edited January 14, 2012 by Rebecca Jo

[Deputy Purple 1,294]

Regardless of what decision I make I'm not going to judge how others dealt with it. For some but obviously not all there are conditions in life that would make a person take advantage of a technicality if you could. My reasons would mean nothing to you as you don't know if I am thinking the way I am because I'm lazy and don't want to get off the couch or whether there is an ill relative accross the world that could get treatment sooner, whether I'm rich or I'm broke or whatever. And I get it. Do the right thing and do it immediately.

Personally, I don't see morality (question of honesty or ethics) even coming into play.

Here's the way it works:

During the immigration process if anyone makes a mistake that later puts the immigrant in a position of questionable status the onus of correction will be placed squarely on the shoulders of the immigrant not USCIS.

You have the chance to make the correction right now while the issue is still fresh in your mind and life. Doing so will eliminate the possibility of it becoming an issue in the future.

If I sell you a car that has faulty steering, the car may occasionally randomly veer sharply to the left (into oncoming traffic), and have you sign a document stating the issue and acknowledging responsibility for it would you wait until that one time it happens or would you correct it proactively?

The point being why wait until the damage is done when the potential for damage is very high and the amount of damage if it happens just once could be severe?

Edited January 16, 2012 by Bob 4 Anna

[kcoyclay1 98]

I'd like to hear from people to whom this happened rather than people telling me what the law says or speculation about what will happen at ROC or the citizenship interview.

Did you call USCIS and they sent you a new one? (also, how did they do that? She mails her 10 yr in and hopes it does not get lost in the mail while they prepare her new one?)

Did you apply to remove conditions as if it were a 2 yr card and if so, what happened?

Did anyone let this ride and if so, what were your consequences?

I would appreciate firsthand knowledge of this. I have seen on here where this has happened to people but not seen follow-up as to how they dealt with it later or what issues arose because of it.

I was able to make contact with a few others who have been through this so that was accomplished. I'm glad I gave some nice fodder for some to give moral advice. Thanks for taking the opportunity to let me know what you (and probably Jesus) would do with no firsthand knowledge of my situation or anyone else who has been through it. Regardless of what decision I make I'm not going to judge how others dealt with it. For some but obviously not all there are conditions in life that would make a person take advantage of a technicality if you could. My reasons would mean nothing to you as you don't know if I am thinking the way I am because I'm lazy and don't want to get off the couch or whether there is an ill relative accross the world that could get treatment sooner, whether I'm rich or I'm broke or whatever. And I get it. Do the right thing and do it immediately.

Just saw someone who posted that they are having problems because they have a 10 year GC when they should have had a 2 year. This is the post:

My husband and I went to his AOS interview on January 3, 2012. Everything went very smoothly with the interview, and he was approved in minutes. He said that the post office would mail it, but it had to be signed for and if we weren't home we would have to go to the post office to pick it up. The next few days I kept getting text messages and emails stating out case has been updated, which seemed to be normal, but on January 13 I received an email that said "On January 13, 2012, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent." We got that too late in the day to call about it, so I was going to call on the 14th. I got home from work that day and checked the mail and my husband's Permanent Resident card was in the mailbox. We were excited, but when we opened it states he was a resident since: 1/03/2011 and the card expires 1/03/13. Which it should read that he has been a resident since 2012 and the card expires 2014! I could only wish he was a resident since 2011 Anyway, I tried to call the number on the paper that came with the card, but didn't get anywhere. Any suggestions? Thanks in advance.

If you should not have a 10 year, do not keep it. I am just saying this to caution you.

[kcoyclay1 98]

Correct.

I posted the wrong information. This is it. "The topic is "I have a 10 year Green Card" by wellmux

I am Married to American Citizen and i just received a letter from USCIS wanting me to Remove my Conditions. and heres the biggest issue That when i came to USA they admitted me as a CR1 as my visa was also CR1, and after 30 days i received a green card that was CR1 and was valid untill May 2012, But on the other hand i was qualified for 10 years green card as at the port of entry time i was married with my wife more than 2 years, how ever i received 2 years green card and i sent my green card with errors back to Uscis along with 1-90 ( Application to Replace Permanent Resident Card ) to correct the error on my green card and after few months i received a i-797C Notice of action in the mail with a new receipt number that they have approved my petition i-90 and also sent me a bill that says.

Applicant/Petitioner fee $0.00

Biometrics Fee $0.00

Total Amount Received $0.00

Total Balance Due $0.00

Because it was error made by uscis they did not charge me any fee for i-90 or any fee for biometrics.

and i went to New Orleans for my biometrics after a month of that i received a new green card that is good untill 2020. and Category is IR-6.

Just yesterday i received the letter from Usics and they want me to use i-175 to remove my conditions and this is what the letter says .

The Records of this service indicate that you entered USA as a Conditional Permanent Resident on May 2010 in Accordance with Section 216 of the immigration and Nationality Act, you must file form i-751, Petition to remove conditions on Residence, Failure to do so may result in the automatic termination of your status,

You can obtain Form i-751 as well as filing information and fees from www uscis .gov. or call 1-800-375-5283.

i have a 10 years green card Category IR6 and i received a letter from uscis to remove my conditions , one department gave me 2 years green card and then they gave me 10 years green card and now they want me remove my conditions for another 10 years green card.

I think Uscis departments/Offices dont communicate with each other. Department that makes green card and department that deals in i-175 and and department that approves green cards.

I am sure there are also some people who are now Naturalized American Citizens and they also might get letter from uscis to remove conditions its all because they dont communicate with each others.

Just saw someone who posted that they are having problems because they have a 10 year GC when they should have had a 2 year. This is the post:

My husband and I went to his AOS interview on January 3, 2012. Everything went very smoothly with the interview, and he was approved in minutes. He said that the post office would mail it, but it had to be signed for and if we weren't home we would have to go to the post office to pick it up. The next few days I kept getting text messages and emails stating out case has been updated, which seemed to be normal, but on January 13 I received an email that said "On January 13, 2012, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent." We got that too late in the day to call about it, so I was going to call on the 14th. I got home from work that day and checked the mail and my husband's Permanent Resident card was in the mailbox. We were excited, but when we opened it states he was a resident since: 1/03/2011 and the card expires 1/03/13. Which it should read that he has been a resident since 2012 and the card expires 2014! I could only wish he was a resident since 2011 Anyway, I tried to call the number on the paper that came with the card, but didn't get anywhere. Any suggestions? Thanks in advance.

If you should not have a 10 year, do not keep it. I am just saying this to caution you.

This was the incorrect quote. i re-posted with the correct one

Edited January 30, 2012 by kcoyclay1

[Deputy Purple 1,294]

Just saw someone who posted that they are having problems because they have a 10 year GC when they should have had a 2 year. This is the post:

I posted the wrong information. This is it. "The topic is "I have a 10 year Green Card" by wellmux

As I pointed out in the correct thread, you are mistaken.

Wellmux's problem is USCIS's error. If Wellmux had checked their stamp after POE and saw that it was marked CR-1 instead of IR-1 they could have contacted either the POE or the nearest Deferred Inspection Facility and got their file corrected.

One of 2 things happened in WellMux's case:

1) Their file was properly updated and USCIS doesn't really expect them to file ROC. The letter was sent because it's from an automated system and the predated trigger wasn't deleted when the casefile was updated to reflect the IR status of their entry.

2) USCIS somehow issued a 10 year Greencard without changing the status of residency in their casefile in which case USCIS is expecting them to file ROC.

If 1 then nothing will happen if they don't file ROC.

If 2 then they should make an infopass and bring the NOA1- from the I-90 filing along with their 10 yeard Greencard to get their casefile properly updated.

[kcoyclay1 98]

As I pointed out in the correct thread, you are mistaken.

Wellmux's problem is USCIS's error. If Wellmux had checked their stamp after POE and saw that it was marked CR-1 instead of IR-1 they could have contacted either the POE or the nearest Deferred Inspection Facility and got their file corrected.

One of 2 things happened in WellMux's case:

1) Their file was properly updated and USCIS doesn't really expect them to file ROC. The letter was sent because it's from an automated system and the predated trigger wasn't deleted when the casefile was updated to reflect the IR status of their entry.

2) USCIS somehow issued a 10 year Greencard without changing the status of residency in their casefile in which case USCIS is expecting them to file ROC.

If 1 then nothing will happen if they don't file ROC.

If 2 then they should make an infopass and bring the NOA1- from the I-90 filing along with their 10 yeard Greencard to get their casefile properly updated.

My point is not regarding the details. It's that USCIS made a mistake, and it will show up when it's time to ROC. In this case there is no "oops, you really should have received the 10 years GC." It's " you should have got it corrected because you knew it was incorrect."