Wife Received Green Card This Week

[slim 1,533]

I say Congrats Neonred.

You've got the right idea. Forget about it for a year or so, enjoying the benefits of being done with the VJ process, then one day "kind of" look into it. If you can't get anywhere, no biggy, her card still says 10 years on it, and as long as you guys have that, you have a tool to put up a good fight with.

But, VJ usually knows more than we do, so maybe everyone on here is right. Maybe you should do the lifting conditions on time.

Either way, sit back and relax for a while, cause you've got a break for now!

[meauxna 15]

But how am I to know it is a mistake? The green card clearly states an expiration date 10 years from now. It's a legal document, isn't it? I have to wonder about the first group of people that started getting green cards without interviews. I wonder if they were so quick to call USCIS and complain that their cards were issued without an interview and it must be some kind of mistake. It seems the "rules" are changing all the time.

Of course I will call at some point and see what they want me to do, but I think you can see my point.

How are you to know? By asking here and elsewhere, same as any other step in this process. You can clearly read the law and see that if your marriage is less than 2 years old on the date of adjustment, your new PR has conditions on her status and it WILL expire 2 years from issue date. If a mistake had been made with her name, birthdate or any other information it would not change her facts, the card would simply be incorrect. What difference?

This is no rule change, but I do hope you do the research to satisfy yourself either way.

[together2love 0]

Congrats on getting a gc!

[Traditions Way 0]

This is a good mistake, though... Were you stuck in FBI name check??? just wondering?

But how am I to know it is a mistake? The green card clearly states an expiration date 10 years from now. It's a legal document, isn't it? I have to wonder about the first group of people that started getting green cards without interviews. I wonder if they were so quick to call USCIS and complain that their cards were issued without an interview and it must be some kind of mistake. It seems the "rules" are changing all the time.

Of course I will call at some point and see what they want me to do, but I think you can see my point.

[Yodrak 7]

Neonred,

If you're going to get involved in a legal arena then you are expected to know the laws that apply. If you don't, you pay the consequences of your ignorance.

Mistakes on the part of USCIS employees do not trump the INA. The INA says that if person becomes an LPR on the basis of marriage to a USC, and the marriage occured less than 2 year prior to the granting of LPR status, then the status is conditional and is good for 2 years. Your green card is in error, you know it is in error, act accordingly.

Yodrak

But how am I to know it is a mistake? The green card clearly states an expiration date 10 years from now. It's a legal document, isn't it? .....

[Rob and Melinda 0]

Well congratulations anyway!

Rob and Melinda

[Neonred 3,677]

Wow, I see by playing devils advocate I received some stinging replies. It did cause me to pursue the answer immediately instead of waiting.

Now to update some of the experts here on VJ. I made the inquiry and they did some quick checking and told me "this is unusual and not the norm, but congratulations! You do in fact have a ten year green card." (Not a typo on the card) I then asked about lifting of conditions and they said "no, you will not have to lift conditions as you already have a ten year green card." They offered no explanation why this occured and I did not press the issue as I got the answers I wanted. It would appear that the decision was made by the officer that originally interviewed us. He approved us on the spot, placed the I-551 stamp in my wife's passport and said we would receive the green card in two weeks as he was going to process the paper work himself later that day. He never mentioned applying to lift conditions 90 days prior to expiration which is something he is required to do when approving a conditional green card.

Anyway we have the card with the 10 year expiration date and the official word now too. That's good enough for us.

[1HappyGuy 45]

Wouldn't it be great if they started to issue 10 year unconditional status cards instead of this silly 2 year temporary. I certainly hope that they don't come back in two years asking for more information. Just as a precaution, you should find out what the requirements are for that two year review and be prepared.

We have another year, and know that one condition is to have letters from two different sources stating that they have known both of us, as husband and wife, etc. I'm going to have to get that finalized, but for now we are celebrating. My wife's son just passed his green card interview.

[Yodrak 7]

Neonred,

Who is "they"? Be aware that if a USCIS employee makes a mistake, or gives you incorrect advice, you pay the consequence. If "they" wasn't an immigration attorney, you might want to ask your question on a board where attornies participate, or visit an immigration attorney in your area for a brief consultation.

You might also want to read this thread on another forum:

http://britishexpats.com/forum/showthread....reen+card+error

See especially the post by Folinskyinla, the first post on page 2 of the thread.

In any event would be prudent of your wife to submit an I-751 2 years from now and let the USCIS tell her again at that time if the submission was necessary or not. If you've reported the circumstances accurately, and the marriage was less than 2 years old at the time that LPR status was granted, then the INA says that your wife's status is conditional. A USCIS case officer does not have the authority to change or ignore the law at their discretion.

Yodrak

Wow, I see by playing devils advocate I received some stinging replies. It did cause me to pursue the answer immediately instead of waiting.

Now to update some of the experts here on VJ. I made the inquiry and they did some quick checking and told me "this is unusual and not the norm, but congratulations! You do in fact have a ten year green card." (Not a typo on the card) I then asked about lifting of conditions and they said "no, you will not have to lift conditions as you already have a ten year green card." They offered no explanation why this occured and I did not press the issue as I got the answers I wanted. It would appear that the decision was made by the officer that originally interviewed us. .....

Edited March 15, 2007 by Yodrak

[Dr_LHA 3]

Who is "they"? Be aware that if a USCIS employee makes a mistake, or gives you incorrect advice, you pay the consequence.

I was thinking the same thing. If "they" is the USCIS hotline, then I wouldn't take that advice as having any more weight than someone's opinion on here, unless you actually talked to someone who had your case file in hand.

[Daisy2007 0]

But how am I to know it is a mistake? The green card clearly states an expiration date 10 years from now. It's a legal document, isn't it? I have to wonder about the first group of people that started getting green cards without interviews. I wonder if they were so quick to call USCIS and complain that their cards were issued without an interview and it must be some kind of mistake. It seems the "rules" are changing all the time.

Of course I will call at some point and see what they want me to do, but I think you can see my point.

Did you receive Welcoming letter ? It says :" ................... your new card will expire two years from you became a permanent resident. By law your resident status is conditional, and you must apply to remove those conditions before your card expires. ........................"

Anyway, Congratulation for your GC

[CanadaGirl 0]

Just wanted to comment. Someone on here said that if you wait 2 years to file then you will get a 10 year card. I filed after being married for 16 months. I got married in June 2005. If I don’t get my card issued until June of this year then it should be a 10 year card correct? That’s the way I have always assumed it would be but now you have me wondering.

Thanks!

[Neonred 3,677]

But how am I to know it is a mistake? The green card clearly states an expiration date 10 years from now. It's a legal document, isn't it? I have to wonder about the first group of people that started getting green cards without interviews. I wonder if they were so quick to call USCIS and complain that their cards were issued without an interview and it must be some kind of mistake. It seems the "rules" are changing all the time.

Of course I will call at some point and see what they want me to do, but I think you can see my point.

Did you receive Welcoming letter ? It says :" ................... your new card will expire two years from you became a permanent resident. By law your resident status is conditional, and you must apply to remove those conditions before your card expires. ........................"

Anyway, Congratulation for your GC

Daisy, thanks for pointing this out, however I am looking at our welcome letter right now and.....

Notice type: Welcome Notice , Section: Fiance (e) adjustment

"Welcome to the United States of America.....blah blah blah....we will soon mail you a new Permanent Resident Card....

YOUR NEW CARD WILL EXPIRE IN TEN YEARS.

I don't know, but by the look of the welcome letter and the expiration date to match I guess they had a reason for sending the 10 year card. I am satisfied and not going to worry about it.

[Niels Bohr 72]

CONGRATULATIONS!!!

[rebeccajo 14]

Daisy, thanks for pointing this out, however I am looking at our welcome letter right now and.....

Notice type: Welcome Notice , Section: Fiance (e) adjustment

"Welcome to the United States of America.....blah blah blah....we will soon mail you a new Permanent Resident Card....

YOUR NEW CARD WILL EXPIRE IN TEN YEARS.

I don't know, but by the look of the welcome letter and the expiration date to match I guess they had a reason for sending the 10 year card. I am satisfied and not going to worry about it.

Neonred, did it occur to you that the same moron who potentially made the mistake was the same person who pushed the button to order the letters and production of the card?

Please notice that I use the word 'potentially'. You may indeed be the goose with the golden egg, but I wouldn't bet MY foreign spouses immigration status on something that clearly goes against the grain of standard operating procedure for thousands of other K1 immigrants. I'd get a second opinion.