Need help with a wrong green card year -> Termination of Conditional Resident Status

[naire37 53]

Hi all, I have a question.

My husband came to US on K1 visa Oct 9, 2015. We got married and did AOS. He received his 2-year conditional green card on June 16, 2016.

Unfortunately, there was an error in Green Card: it got the year wrong!. Green Card dates are June 16, 2015 - June 16, 2017 (wrong), instead of June 16, 2016 - June 16, 2018.

Upon noticing that, he filed I-90 to replace green card in Feb 2017.  He also got an I-551 stamp in his passport that is good through December 2017.

I assumed that meant that he has no problems with his status until I-551 expires, and can work and travel until then, at which point, if no green card is received, he could get another stamp.

He did NOT file for I-751 Removal of Conditions because he became a Resident on June 2016,  and you can only file in 1.5 years, he has not been resident long enough. I was planning on filing it this February.

 

However, today he received "Termination of Conditional Resident Status" citing June 16, 2017 as end date of his legal status. What should I do? What's even the timeline for acting on that termination letter?

Additionally, he is scheduled to travel outside of US in November (1 - 22). Will he be allowed back in because of valid I-551 stamp, or denied entrance because of "Termination of Conditional Resident Status" letter?

 

I'm looking to hire an attorney (scheduling consults with 2 separate ones), but in the meanwhile would love to get some collective knowledge.

 

[Longingfor 195]

Your spouse needs make an infopass appointment and go in person with green card and passport and have it rectified.

[naire37 53]

Thanks Longingfor! I've scheduled infopass, but it's in another 2 weeks (nothing earlier was there) - is that an acceptable timeframe? 

(I'm also waiting for a callback from USCIS tier 2 on the situation).

Some other questions: Is it legal for him to remain in US in the meanwhile? Also, is it legal for him to continue to work? 
 

 

[Merrytooth 5,748]

43 minutes ago, naire37 said:

Hi all, I have a question.

My husband came to US on K1 visa Oct 9, 2015. We got married and did AOS. He received his 2-year conditional green card on June 16, 2016.

Unfortunately, there was an error in Green Card: it got the year wrong!. Green Card dates are June 16, 2015 - June 16, 2017 (wrong), instead of June 16, 2016 - June 16, 2018.

Upon noticing that, he filed I-90 to replace green card in Feb 2017.  He also got an I-551 stamp in his passport that is good through December 2017.

I assumed that meant that he has no problems with his status until I-551 expires, and can work and travel until then, at which point, if no green card is received, he could get another stamp.

He did NOT file for I-751 Removal of Conditions because he became a Resident on June 2016,  and you can only file in 1.5 years, he has not been resident long enough. I was planning on filing it this February.

 

However, today he received "Termination of Conditional Resident Status" citing June 16, 2017 as end date of his legal status. What should I do? What's even the timeline for acting on that termination letter?

Additionally, he is scheduled to travel outside of US in November (1 - 22). Will he be allowed back in because of valid I-551 stamp, or denied entrance because of "Termination of Conditional Resident Status" letter?

 

I'm looking to hire an attorney (scheduling consults with 2 separate ones), but in the meanwhile would love to get some collective knowledge.

 

You are not the only one with the wrong green card date,  resident status got terminated.

 

Last week this case:

 

[Mr Geminian 691]

Since the error is from USCIS then you don't have to worry about it. SInce you have made an infopass appointment you may show the greencard and other documentation of AOS. 

[Ebunoluwa 6,136]

Do not travel before the error is corrected. I wouldn't rely on the stamp in the passport.
They will see in the data that it was terminated and he won't be allowed back in.
Fix it yourself at infopass or consult an immigration attorney.

[naire37 53]

Merrytooth, right, I should have searched the forum first. Apologies, I kinda panicked. (Got a perfect excuse: I blame the pregnancy hormones). Thank you for the link! I'll search some more.

 

Ebunoluwa, I've just looked at your timeline... wow, I'm sorry you had it so rough!

Do you think that can be fixed at the infopass? I guess I'll find out soon and will post an update here after my infopass on Oct 27. I'm just worried about who has the right to remove that "termination status" in USCIS - whether people in my office would even have the power to do that. In general, it seems that a lot of people at USCIS don't have that much power, and it's hard to get a hold of those that do.

[Ebunoluwa 6,136]

21 minutes ago, naire37 said:

Merrytooth, right, I should have searched the forum first. Apologies, I kinda panicked. (Got a perfect excuse: I blame the pregnancy hormones). Thank you for the link! I'll search some more.

 

Ebunoluwa, I've just looked at your timeline... wow, I'm sorry you had it so rough!

Do you think that can be fixed at the infopass? I guess I'll find out soon and will post an update here after my infopass on Oct 27. I'm just worried about who has the right to remove that "termination status" in USCIS - whether people in my office would even have the power to do that. In general, it seems that a lot of people at USCIS don't have that much power, and it's hard to get a hold of those that do.

It can't be fixed at infopass but it will start the ball rolling. They will likely ask you to file a form first.
Yes, our journey was super long but GC in hand as of today.

[NikLR 13,232]

~~moved to ROC from K1 AOS. Topic is not about AOS~~

[Jeanne Adil 1,651]

K1 stamp on passport is no longer valid

it is good for only 1 time entry

don't even try to travel until u have the right green card or you will be doing a new application CR1

 

[mindthegap 2,605]

Do not leave the country until sorted.

[NYCruiser 423]

I believe when the airline scans his Green Card or enters it in the PNR, it will show the Green Card is invalid. They won't even allow him to board abroad...

[Ebunoluwa 6,136]

3 hours ago, adil-rafa said:

K1 stamp on passport is no longer valid

it is good for only 1 time entry

don't even try to travel until u have the right green card or you will be doing a new application CR1

 

This is not about any K1 'stamp' it's about a I-551 stamp while waiting for the green card.
Meanwhile it was terminated by USCIS error.
 

[Stevephoto 230]

17 hours ago, Ebunoluwa said:

It can't be fixed at infopass but it will start the ball rolling. They will likely ask you to file a form first.
Yes, our journey was super long but GC in hand as of today.

Sorry to hijack your thread, but Ebunoluwa---YAY! FINALLY some good news! Congrats. OP...good luck with this situation. I also agree that the infopass is the best first step.

[Ebunoluwa 6,136]

1 minute ago, Stevephoto said:

Sorry to hijack your thread, but Ebunoluwa---YAY! FINALLY some good news! Congrats. OP...good luck with this situation. I also agree that the infopass is the best first step.

Thanks !