Spouse given 2 year status by mistake

[4Andavxx 0]

My wife got her green card in Sept 2012. She got a conditional visa even though we were married for over two years. It was our understanding that if we were married for 2 years she would receive a 10 year residency. When she called the immigration service, one immigration person said it was a mistake, she should have received a 10 year residency, fill out the I-90. She started to fill out the I-90 and the online process asked her for $139. She did not go any further and then received an e-mail from an immigration officer in San Francisco saying call if you need help with the form.

She called and he said that she could not use the I-90, that she should fill out the I-75 and pay the fee even though the immigration service was in error in the first place. He said that status was at the discretion of the issuing officer, despite the fact that we were married for over two years and the instructions state clearly that for people married over two years they are eligible for a 10 year residency?? Our dilemma rests in her job as a teacher. The immigration person said she could not submit her I-75 until June 5 2014...contracts are offered in April 2014, she will not be offered a contract if her status is in question and she will lose her job.

What do we do?

[CaizLurol 36]

If she has a conditional green card, her status is not in question. She is still a permanent resident.

Unfortunately, you will have to pay the fee and fill out the form.

[Darnell 8,478]

I say :

1. get infopass, get stamp in passport showing proper end date, next to the visa page then

2. submit I-90 with photocopy of marriage certificate, include a letter of explanation and no fee.

This could have been handled at the POE, FWIW, in secondary inspection with a shift supervisor. Way back then, the POE was the last point to capture that 'past 2 years of marriage' status and flip into IR-1 designation.

If she has a conditional green card, her status is not in question. She is still a permanent resident.

Unfortunately, you will have to pay the fee and fill out the form.

I disagree, about paying the fee.

WHY? The data entry clerks at the POE messed up.

Edited August 22, 2013 by Darnell

[VanessaTony 3,567]

Agree with Darnell.

You simply file the I-90 with the ORIGINAL greencard (make sure you keep a copy for yourself), a copy of your marriage certificate and entry stamp.

The fee is waived as this is clearly USCIS error.

[Angela256z 30]

This happened to my friend about two years ago. I helped him with this and they told us to fill out the I-90, bring it in with passport, marriage license and greencard to and info pass appointment. The lady checked the date of marriage in comparison to the visa issue date and said that the fee was waived and took the application. He received a new card two months later. That was two years ago so not sure if something changed, but he didn't have to pay the fee since it was a USCIS error.

[4Andavxx 0]

Thanks for all your comments, I have been in touch with The Office of Bernie Sanders and they will take it from here...