Conditional greencard despite married for more than 2 years

[leeron1 0]

Is it possible that someone is given conditional greencard even if the approval was way after the second anniversary of the marriage? Do they HAVE TO issue the 10 year unconditional green card or they MAY issue conditional one even if you passed your 2 year anniversary? what can you do if they give you conditional PR status? can you complain and force them to change your status to unconditional or is it up to the adjudicating officer?

[zyggy 9]

Is it possible that someone is given conditional greencard even if the approval was way after the second anniversary of the marriage? Do they HAVE TO issue the 10 year unconditional green card or they MAY issue conditional one even if you passed your 2 year anniversary? what can you do if they give you conditional PR status? can you complain and force them to change your status to unconditional or is it up to the adjudicating officer?

The law is clear.. if you were married for more than two years at the time the status was granted, you shuld have gotten a 10 year card. If there is an error, you need to bring it to USCIS's attention. Make an inforpass appointment with a copy of your marriage certificate and get it sorted out...

[leeron1 0]

Than why did I get a welcome letter saying my COA is CR6 and not IR6, and I also got a notice to conditional permanent resident about lifting conditions in 2 years from the approval. And it also says that I'm admitted until febr 09.

Is that a mistake, or they intentinally gave me conditional ststus? At the approval we were married for almost 3 years,

I haven't got my GC yet, so I don't know if it's the 10 year or the conditional one.

[diadromous mermaid 36]

Is it possible that someone is given conditional greencard even if the approval was way after the second anniversary of the marriage? Do they HAVE TO issue the 10 year unconditional green card or they MAY issue conditional one even if you passed your 2 year anniversary? what can you do if they give you conditional PR status? can you complain and force them to change your status to unconditional or is it up to the adjudicating officer?

The law is clear.. if you were married for more than two years at the time the status was granted, you shuld have gotten a 10 year card. If there is an error, you need to bring it to USCIS's attention. Make an inforpass appointment with a copy of your marriage certificate and get it sorted out...

Is leeron a former K-1 visa holder? The law may be clear, but K-1 is a relatively new addition and not articulated well, and I've seen cases where AOs offer CGCs to K-1s as a matter of course.

[leeron1 0]

I wasn't on K-1, I adjusted my status here in the US, and we got married here too. Does anybody know what the law says exactly?

[Dr_LHA 3]

Basically you should have got a 10 year green card. All the documentation I've read states that conditional residency is only given if the marriage is less than 2 years old when AOS is approved. I can't find any other reasons why one would get CPR.

[leeron1 0]

I hope that the person who printed the welcome letter routinly attached the conditional letter to the envelope, and on the welcome letter forgot to change CR6 to IR6, because they used the same template that most of the marriage based aos applicants get.

We'll see when I get my GC. I'll keep you guys posted.

[diadromous mermaid 36]

Basically you should have got a 10 year green card. All the documentation I've read states that conditional residency is only given if the marriage is less than 2 years old when AOS is approved. I can't find any other reasons why one would get CPR.

While it doesn't pertain to leeron's situation, if he did not enter on a K-1, there has been some debate in terms of whether interpretation of the INA suggests that a K-1 adjustment affords the alien LPR and a 10 year card when the marriage was more than 2 years old at the time of adjustment. This stems from the INA itself, and some ambiguity in the correlation between Section 245 and 216. Section 245(d) of the INA governs adjustment for K visa applicants and states that such adjustment shall result in an "admission to conditional residence" under Section 216, which also further defines conditional residence as applying to aliens that were married for less than 2 years at the time of admission to adjustment.

Years ago, K-1 applicants could adjust status promptly upon providing evidence of marriage. In fact, they could simply walk-in to a local office and get the adjustment right there and then (those were the days, eh? )

As far as what I've read, this language in the INA was first introduced in the IMFA reform of 1986 and with K-1s being adjudicated on the spot, there was little chance that a K-1 applicant could be married more than 2 years when adjusting. But with backlogs and changes in procedure, this was not the case in later years when K-1 adjustment of status applications took sometimes as long as 2 years to adjudicate.

As a result, I suppose it is quite possible that some AOs could interpret Section 245(d) to mean that a K-1 gets conditional residence. EOS

Edited March 4, 2007 by diadromous mermaid

[Dr_LHA 3]

Interesting. Even in these days of not being able to do a walk in AOS, I would guess that the only K-1's who this would affect are those who spent a long time in namecheck before being approved. I'd bet the majority of K-1s wouldn't have been married for more than 2 years by the time they had their interview.

Edited March 4, 2007 by dr_lha

[diadromous mermaid 36]

Interesting. Even in these days of not being able to do a walk in AOS, I would guess that the only K-1's who this would affect are those who spent a long time in namecheck before being approved. I'd bet the majority of K-1s wouldn't have been married for more than 2 years by the time they had their interview.

Right. And, of course, there are occasional human errors.

Interesting. Even in these days of not being able to do a walk in AOS, I would guess that the only K-1's who this would affect are those who spent a long time in namecheck before being approved. I'd bet the majority of K-1s wouldn't have been married for more than 2 years by the time they had their interview.

Right. And, of course, there are occasional human errors.

Added: And one has to wonder whether it has any pertinence to K-3s too!

[Dr_LHA 3]

I think we would have heard about it with K-3s as there are a lot more people with them filing AOS after being married for more than 2 years. In fact I would imagine that's pretty common.