Married less than two years, issued F21 visa, with F21 at POE, and F21 category Green Card!?

[NewToAmerica 1]

I am a British Citizen and have been together with my same-sex spouse for 7 years living in England, and we married in May 2013 and filed for F2A in July 2013 at US Embassy London as DOMA was struck down by the US Supreme Court which allowed my spouse to sponsor me for residence in the US. Before that we had been waiting for years in England for the law to be struck down so my spouse could return to the US with me. My LPR spouse was able to live in England and maintain his LPR status by means of a re-entry permit (he was on his third and final permit up till this year).

After medical exam etc I had interview in January 2014. When my visa was issued the category was F21. I went through POE at Washington Dulles in May 2014 and they checked all the paperwork, asked me some questions about my marriage etc, and then stamped the 'Immigrant Data Summary' page on the brown envelope and wrote F21 as the category code. They then stamped my passport across the actual visa, and wrote 'LPR' as the class of admission.

When my Green Card arrived the category code on the card is F21 and the expiry date is ten years from the date of admission. On talking to a fellow immigrant friend he said that I should have been issued a C21 category visa, and even if I was issued F21 the IO at the POE should have amended it to C21, and even if the IO didn't pick this up then USCIS should have done so when issuing the Green Card?!

I called USCIS and explained and they basically said I don't need to worry as I have been admitted as a F21 LPR at all stages of the process and I should leave it as that.

This all said, I have a friend who used to work as an immigration case adjudicator and she she said that believe it or not many consular officers and IO's at the POE can issue discretionary permanent residence instead of conditional residence if they 100% believe that the marriage is genuine and the petitioner and beneficiary's case file is low risk and doesn't raise any red flags. The very fact that we had been together for 7 years, had met before my spouse was an LPR (he won the DV lottery), had been living in England together ever since, and were from 'first-world' countries and had good jobs and good incomes, meant that the consular officer and IO would not bother issuing conditional residence.

However, I keep hearing horror stories about people applying for naturalization and being denied because they were incorrectly issued permanent residence instead of conditional residence!

I don't really know what to do as USCIS are adamant that I should just leave it be.

Any advice would be gratefully appreciated!

[apple21 953]

I'm on the same boat.

They issued me a 10-yr GC when it should be 2-yr conditional GC. I had to return my 10-yr GC for no fee.

Refer to my timeline and signature.

Edited June 21, 2014 by apple21

[Darnell 8,479]

ya - you have a mis-print on your card and it's USCIS fault. can replace for no fee via I-90 but must be specific in a cover letter about it. plus other stuff. other folk have the same problem though not the same category as you...

[apple21 953]

Before returning my 10-yr GC I made an infopass at USCIS and spoke to an immigration officer (IO).

IO told me to hold on to my GC first while he requests to have my file transferred to their office so he can review it. He took photocopies of my marriage certificate, visa and POE stamp. He also wrote down my mobile and home numbers.

He called me after 2 months. He already has my file and he said that it was them who made the error that's why I don't have to pay for the new GC.

I mailed the i90, g1145, original GC, copy of visa and POE stamp, copy of passport bio page and copy of marriage certificate.

[NewToAmerica 1]

ya - you have a mis-print on your card and it's USCIS fault. can replace for no fee via I-90 but must be specific in a cover letter about it. plus other stuff. other folk have the same problem though not the same category as you...

Well not really - the card hasn't been mis-printed as such as all the details on the card represent the immigration status that I have been conferred with i.e. F21 PR status. I was issued this status at all stages of the process - the initial immigrant visa, IO at the POE, and the endorsement in my passport. USCIS said to me on the phone that I am a PR not a CR and that as this was the status that I have been issued (despite the length of my marriage) then I don't need to do anything further. Bizarre!

I know that there are issues of people being granted CR1 or C21 status and then getting 10 year GC's in which case it is a card printing error - but my situation is different as the actual GC has been issued correctly to reflect the status I have been issued. My main query is why I have been issued this status at all the various stages despite my questioning it! I even told the consular officer AND the IO the date of my marriage! In fact - I even told the IO at Dulles airport that we were due to celebrate our ONE year wedding anniversary the next day!

Edited June 21, 2014 by NewToAmerica

[apple21 953]

My visa and GC was F21 too.

You got the wrong card. The USCIS folks who printed the GC simply followed what the IO at POE stamped on your passport. The IO followed what the embassy stamped in your visa. Basically its the fault of the embassy.

[NewToAmerica 1]

My visa and GC was F21 too.

You got the wrong card. The USCIS folks who printed the GC simply followed what the IO at POE stamped on your passport. The IO followed what the embassy stamped in your visa. Basically its the fault of the embassy.

Mmm, so should I make one of those INFOPASS appointments and discuss in person, or should I just leave it for two years then file to remove conditions stating that I am doing so because I am in fact a conditional resident despite what my file says? Seems a bit daft to change the GC now when I can just do it in two years as part of the removal of conditions process.

[apple21 953]

Mmm, so should I make one of those INFOPASS appointments and discuss in person, or should I just leave it for two years then file to remove conditions stating that I am doing so because I am in fact a conditional resident despite what my file says? Seems a bit daft to change the GC now when I can just do it in two years as part of the removal of conditions process.

Yup make an infopass like I did. The USCIS agents on the phone are either clueless or idiots anyway.

Don't wait for the ROC, much better to resolve it now. It is a hassle but it is what it is.

[NewToAmerica 1]

Yup make an infopass like I did. The USCIS agents on the phone are either clueless or idiots anyway.

Don't wait for the ROC, much better to resolve it now. It is a hassle but it is what it is.

lol! ok will make INFOPASS.

When they reissue the GC do they make the expiry date for the new conditional card 2 years from the date of POE or 2 years from the date of the reissued card?

[apple21 953]

lol! ok will make INFOPASS.

When they reissue the GC do they make the expiry date for the new conditional card 2 years from the date of POE or 2 years from the date of the reissued card?

2 years from date of POE.

[NewToAmerica 1]

2 years from date of POE.

Ok, I'm going to do it then as would rather sort it now than face problems later if and when I apply for naturalization.

Many thanks for your sound help and advice! Much appreciated!

[apple21 953]

CORRECTION: My visa and GC is FX1.

Did a little google-ing and it is for Spouse of Permanent Resident. http://travel.state.gov/content/dam/visas/Statistics/FY2001%20app%20E.pdf

[NewToAmerica 1]

CORRECTION: My visa and GC is FX1.

Did a little google-ing and it is for Spouse of Permanent Resident. http://travel.state.gov/content/dam/visas/Statistics/FY2001%20app%20E.pdf

Mine is F21. There isn't a category though for 'Spouse of Permanent Resident (conditional)' though?!

[apple21 953]

Mine is F21. There isn't a category though for 'Spouse of Permanent Resident (conditional)' though?!

I found that before but I didn't bookmark the site. For conditional, like mine, it should be CX1.

[NewToAmerica 1]

I found that before but I didn't bookmark the site. For conditional, like mine, it should be CX1.

Got it: http://www.uscis.gov.edgesuite-staging.net/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-32054.html