Two years to Ten Year GC..

[Myopia 93]

So you would think I would be happy just to have my case approved and according to the email that I got last night, on its way via USPS.

The letter that I got says that the card is a conditional one. Im wondering if there is any chance that I would be able to get them to give me a green card.

I used the date of my civil marriage rather than my Islamic marriage but both are valid in NY state. My Islamic marriage is what I used to file federal taxes since 2009, I was audited and my marriage certificate was accepted by the IRS. I understand that IRS and USCIS are two separate entities but seeing that I have been legally married for nearly three years...does anyone think or know of a possibility of us being able to ask for a 10 year card?

I know my case was complicated but the IO asked about our Islamic marriage and we stated(with facts) that our marriage was legal so any suggestions.

I dont mind the 2 yr (after 13 years out of status) but of course if I can avoid one more nerve wracking USCIS interview than Im for it,

Im guessing they cant deny my application again but the worst can be they deny my request.

If any one has any light that can be shed on this, id appreciate it.

Thanks

[M & L 0]

To answer your question, very highly likely and def possible if you still maintain your marriage.

[ceadsearc 516]

I don't know the ins and outs of Islamic marriage and the legality of it in the eyes of USCIS but what you are receiving IS a green card, you just have to file to remove conditions in 2 years. While some people do have another interview then, the majority do not and it probably would not be as stressful if you did.

[Myopia 93]

To answer your question, very highly likely and def possible if you still maintain your marriage.

Im still married but Im not asking about having conditions removed.

[Myopia 93]

I don't know the ins and outs of Islamic marriage and the legality of it in the eyes of USCIS but what you are receiving IS a green card, you just have to file to remove conditions in 2 years. While some people do have another interview then, the majority do not and it probably would not be as stressful if you did.

Ok quick background, and Im just seeing if I can for no other reason then Im seeing if I can. When I filed, we had two marriage dates. One was in 2009 (religious) and the other was in 2011(civil), Both marriages are legal and valid in NY state because NY holds ALL religious marriages as valid even if you dont get a licence(We didnt) as long as its performed by a religious officiant. So both my ceremonies are valid which is why I had to make it clear that being married to the same person repeatedly in NY state is not considered bigamy. (In other states it is)

That being the case and after reading some cases, we filed from the 2011 marriage as I felt it was too much of a gamble to file with the religious one inspite of what Ny and Federal law says(Federal law generaly accepts what states accept as marriage).

So now knowing I am going to get a 2 yr card with a condition that I stay married for two years, already being married for nearly three....My question is the feasibility of getting USCIS to give me a 10 yr card with no conditions which means I dont have to pay another fee to get conditions removed.

Am I clearer?

[LIFE'SJOURNEY 970]

What visa did you enetr the US on, and what visa did you AOS from? I don't have the time to research these questions. Did your islamic marriage occur before you enter the US?

After reading the post above, are you saying both marriages occured in the US?

Edited March 31, 2012 by LIFE'SJOURNEY

[Myopia 93]

What visa did you enetr the US on, and what visa did you AOS from? I don't have the time to research these questions. Did your islamic marriage occur before you enter the US?

After reading the post above, are you saying both marriages occured in the US?

I entered on a Visa Waiver so I AOS'ed from that. I married the same person in NYC in 2009(religious) and 2011(civil). It being Islamic doesnt matter as much as its a religious marriage (hindus/christians/jews/muslims) fall under the same thing,

I just seeing if anyone managed to change a 2yr to a 10yr. Its more curiosity/if theres a way then Ill go for it.

[LIFE'SJOURNEY 970]

I entered on a Visa Waiver so I AOS'ed from that. I married the same person in NYC in 2009(religious) and 2011(civil). It being Islamic doesnt matter as much as its a religious marriage (hindus/christians/jews/muslims) fall under the same thing,

I just seeing if anyone managed to change a 2yr to a 10yr. Its more curiosity/if theres a way then Ill go for it.

If the facts are as stated above, then you have a case to request that the marriage date of 2009 be accepted as your true date of marriage. You will need to make an infopass for this request. The card was based on what you entered on the application, if you wish to have that information updated and change, you will have to initiate the request.

Edited March 31, 2012 by LIFE'SJOURNEY

[Darnell 8,478]

If the facts are as stated above, then you have a case to request that the marriage date of 2009 be accepted as your true date of marriage. You will need to make an infopass for this request. The card was based on what you entered on the application, if you wish to have that information updated and change, you will have to initiate the request.

concur. +9 points.

I am concerned about misrepresentation, though, for the OP - ie - entering a WRONG marriage date on the forms the first time.

Edited March 31, 2012 by Darnell

[Myopia 93]

concur. +9 points.

I am concerned about misrepresentation, though, for the OP - ie - entering a WRONG marriage date on the forms the first time.

Well when I sent the original application, we sent a letter of explanation of the two marriages. We didnt hide the fact that there was a religious marriage in NY state. We included that certificate in the original application along with the 2010 Tax return that was filed. It was clear that we were married twice and the Immigration Officer asked us about it and the dates of that religious marriage as well as the civil one.

It would only be misrepresentation if we concealed it knowing it could affect the case. We didnt.

The reason I included it and drew attention to it was because of two reasons; 1) I read a case of a couple who had been denied AOS because they did not state that they were married previously to each other. They were married in Europe and then the wife came to the US, They got married again in the US and filed AOS based on that 2nd marriage. They were denied and it was due to misrepresentation. They concealed that first marriage, and the 2) other reason was because I figured that it was too much of a risk to put the date from the religious marriage, even with the knowledge that it was legal in NY state, in the event that USCIS did not accept it as a marriage. They don't accept same sex marriages and/or common law marriages and I have no proof that they accept the type of religious marriage that NY state accepts...so I felt the religious marriage would serve, at the very least, as a proof of relationship.

Im pretty sure that my file was looked at in detail simply because there were unusual factors in my case but as unusual as it was, it was approved based on full facts. No mistakes here.

I just want to know if there is a possibility and looks like there is!

[Darnell 8,478]

Very cool then - that one item of possible misrepresentation is a non-issue for you, they've seen all already, and have approved it.

So - you've been pegged for a 2 year card, and instead, you want a 10 year card. Got it.

You can file the I-90 (paying no fee) and state that the type of card issued was incorrect, then include a written missive (not conjecture or opinion, just the facts) about the marriage dates, and in the end of it, suggest that the Adjudicator/Immigration Officer missed the first marriage date and applied the wrong guidelines for green card type.

Good Luck !

[Myopia 93]

Very cool then - that one item of possible misrepresentation is a non-issue for you, they've seen all already, and have approved it.

So - you've been pegged for a 2 year card, and instead, you want a 10 year card. Got it.

You can file the I-90 (paying no fee) and state that the type of card issued was incorrect, then include a written missive (not conjecture or opinion, just the facts) about the marriage dates, and in the end of it, suggest that the Adjudicator/Immigration Officer missed the first marriage date and applied the wrong guidelines for green card type.

Good Luck !

Right and to be honest there was so much going on with my case to defy belief...my eligibiliy date was from the date that they received the application and I think that they went with that. Anyways Thanks. Sorry to be a pain with my incessant questions but I do value the opinions/advice of the people in this forum in particular.

Thanks again.

[Darnell 8,478]

incessant? no la...

Have some nice Korean History Channel update

[bigdog 376]

i would be happy just to have the 2 yr green card, why rock the boat?

[JimVaPhuong 4,863]

Hi Myopia, haven't seen you around for a while.

I'm not sure what the IO's angle is here. Section 216 of the INA is reasonably clear, as is section 25.1 of the AFM. If the immigrant is granted permanent resident status after the two year anniversary of the marriage on which the status is based then they are not supposed to be subject to section 216, and are supposed to get unconditional permanent resident status.

Section 23.5 of the AFM has this to say:

Furthermore, if the

wedding

upon which the marriage-based adjustment application is based occurred less than 2 years before the date on which adjustment is granted, the adjusting alien becomes a conditional permanent resident. See Chapter 25 of this field manual for a discussion of the procedures for seeking removal of those conditions.

So, they have to pick one of the two wedding dates to use as the basis for determining if section 216 should apply. They apparently picked the second one. I'm just wondering... If you go back now and ask them to issue a ten year green card, could the IO determine that you're essentially asking that the adjustment of status be based on a different wedding, revoke your green card as having been issued in error, and tell you to file again?

I'm thinking like bigdog here. Why rock the boat.