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

[NewToAmerica 1]

Thnks buddy i got it today my spouse got 10 year green card and i m f2a category so should i need to contact uscis or is it OK

How long have you and your spouse been married? Was the date of your marriage before May 27th 2012? And what category code is on her green card?

[sukhi4498 1]

we got married on may 5th 2013 and category on her GC is F21

[NewToAmerica 1]

we got married on may 5th 2013 and category on her GC is F21

Ok, she has been issued the incorrect immigrant category and Green Card. She should have been issued category C21 which is what should have been issued by the US consulate on the immigrant visa, and stamped at the Port of Entry. She has been issued unconditional residence (and thus a 10 year green card) in error. If she just left this as it is, she would likely be denied US citizenship as they would go back and see that the status was issued in error (and they are not sympathetic to a USCIS error!).

You must as a matter of urgency complete form I-90 and send the card back to be replaced, along with a covering letter advising that her status needs to be changed to C21 and a 2 year conditional GC issued that reflects this category. It would be helpful if you include a copy of your marriage certificate so they can see that you have been married less than two years.

There have been many instances on this forum in which unconditional residence has been granted in error, and it has only come to light years later when they get denied for US citizenship and served with removal proceedings!

[sukhi4498 1]

Thanks a lot i really appreciate for your amicable help. Have u seen any1 who has gone along with same GC 10 years and was denied citizenship? But anyways i really thnx u a lot from bottom of my heart.If we dont change it will she b facing problem while going out and then cuming back 2 usa

Edited July 2, 2014 by sukhi4498

[NewToAmerica 1]

Thanks a lot i really appreciate for your amicable help. Have u seen any1 who has gone along with same GC 10 years and was denied citizenship? But anyways i really thnx u a lot from bottom of my heart.If we dont change it will she b facing problem while going out and then cuming back 2 usa

Yes someone on this forum (I can't remember who) brought their wife over to the US and she received unconditional instead of conditional status. They just left it as it was and then when she applied for citizenship three years later it was denied on the basis that she was in theory in the country illegally as she was issued the wrong status (even though it wasn't her fault and she didn't even realise) and hadn't removed the conditions. Two years later she is still appealing the decision. And all of this was the fault of USCIS but they basically went with the attitude that "not knowing the law doesn't protect you from it".

If you send back the GC with the I-90 (remember - no fee is required as it is USCIS error), a covering letter explaining the error, and a copy of your marriage certificate, you should get a replacement card within a couple of months.

Then, you can relax in the knowledge that everything is sorted and corrected as it should be, and can file two years later for ROC.

Good luck!

[sukhi4498 1]

Thnx again does she will have problem if she goes out and cum back with this 10 year GC from usa?

[NewToAmerica 1]

Thnx again does she will have problem if she goes out and cum back with this 10 year GC from usa?

No, this will not be an issue.

[sukhi4498 1]

Thnx a lot god bless u

[apple21 953]

Same topic. There are other useful advice here too: http://www.visajourney.com/forums/topic/503869-summary-of-infopass-appointment-to-advise-that-i-have-been-issued-unconditional-f21-status-with-10-yr-gc-despite-being-married-less-than-2-years/