Didnt' realize I got 10 year card after 2 years gone by...

[HYC 0]

Hi all, my husband and I got married in January 2015 and I got my green card July 2015, which means I should get 2 year green card but I got 10 year GC instead. I didn't realize that until now December 2017, which means I am already late to remove my conditions. We have our baby girl earlier this year (January 2017). I am hoping that this could be a good reason to explain why I file my I-751 late. My question is, should I file I-90 to replace my green card first and then file I-751 or just file I-751? Thank you all for your help. 

[SabRob 154]

Wait, what's the expiration date on your Green Card?

[SabRob 154]

Oh and BTW, if you are, in fact, looking to remove conditions, do not submit form I-90 - this form is only used in case you change your name, your GC is stolen or lost or your dog chewed on it or if you have a 10yr Green Card and want to renew it. The only form you need to send if seeking removal of conditions is form I-751. 

[JoannaV 174]

I have no idea.

 

And after Googling, I still don't know what you should do.

 

There are people who contact USCIS to say they have the wrong card, are told not a problem. Go in for an Infopass appt, told not a problem. Send off the I-751 package, have it returned ( with uncashed check) saying you don't need to apply for this.

But then sometimes it gets to the naturalization interview and they say OOOOH PROBLEM.

If it was within the two years I would say to try the I-90, for free, with reason being incorrect information due to DHS error. (In the instructions they say you can do this if you've received the two-year card by mistake.) But with it being past the two years I don't know which thing you should try first.

 

Probably start with Infopass.

 

I'd think having a 10-yr green card would be a pretty good example of "good cause" for filing the I-751 late, alongside the additional things such as a baby. You'd need to include a written explanation.
I think I would do I-751 not I-90. Explain the card dates clearly at the beginning of your cover letter. "USCIS mistakenly issued me with a 10-yr green card but I am a conditional permanent resident. We were married in January 2015 and the green card was issued in July 2015." Then have the explanation for late filing as your first piece of evidence in your packet.

[HYC 0]

The expiration date on my GC is July 2025. In my case I should get 2 year GC though because I applied when I was married less than 2 years.

[Hypnos 6,578]

What I would do:

 

1) File an I-90 (you can this online) on the basis of a USCIS error (they issued you the wrong card). There will be no fee. Enclose a written explanation of the mistake they made. 

 

2) After you've received the NoA from the I-90, then file your I-751. Explain the late filing by stating they made a mistake on your initial green card, and provide the receipt number from your I-90 so they can see you're trying to fix their mistake. 

 

Doing nothing is a really bad idea. I'm not saying that's your intention, but it is for some other people. 

[cablewyres 38]

I don't think you need to remove conditions if you've already granted a 10 year green card. Removal of conditions I believe is only applicable for issuance of a two-year green card. Thus, you need to file for ROC to get the 10-year not if you already have a 10-year GC. I would consult with a lawyer just to be sure. Consultations shouldn't be that expensive. I consulted with a lawyer when I was processing my AOS, and it only cost me like $60 because I did my own application I simply just wanted to get all the right info.

[nightingalejules 678]

Filing an i90 (although I do see the logic) might be a wasted effort, since they won’t “replace” an expired card. 

21 minutes ago, cablewyres said:

I don't think you need to remove conditions if you've already granted a 10 year green card. Removal of conditions I believe is only applicable for issuance of a two-year green card. Thus, you need to file for ROC to get the 10-year not if you already have a 10-year GC. I would consult with a lawyer just to be sure. Consultations shouldn't be that expensive. I consulted with a lawyer when I was processing my AOS, and it only cost me like $60 because I did my own application I simply just wanted to get all the right info.

The problem is that if USCIS discovers that they sent the wrong green card, they can cancel it, rendering OP deportable, even if it was their error. It was up to OP to keep track of what the card said and they should have corrected this long ago. 

Now they’re in a weird position because they didn’t notice the error, but not attempting to correct it now could come back and bite them,

[cablewyres 38]

1 hour ago, nightingalejules said:

Filing an i90 (although I do see the logic) might be a wasted effort, since they won’t “replace” an expired card. 

The problem is that if USCIS discovers that they sent the wrong green card, they can cancel it, rendering OP deportable, even if it was their error. It was up to OP to keep track of what the card said and they should have corrected this long ago. 

Now they’re in a weird position because they didn’t notice the error, but not attempting to correct it now could come back and bite them,

I see the risk there, but at the same time, as long as they keep their 10 year green card as evidence that that was what was issued to them by USCIS, even in court that should be proof enough that it is not entirely OP who is at fault (if it reaches to that point). This is a rare case. So again, my best advice would be to consult a layer. Would save you from any confusion and get an actual legal advice that would put your mind at ease.

[milimelo 4,565]

Nope this is not a rare case and it needs to be fixed. Sending I-751, proof of when marriage took place and when green card was issued as well as involving your congressional or senator's immigration liaison should help straighten this out. Get a stamp in your passport for I-551. 

 

Not quite sure what the op is trying to say with I had a child in January. And? I was at work 8 weeks after birth and did all my regular duties without forgetting to do stuff due to sleep deprivation (kid's passports, visa, medical clearances for both of us and moving back overseas). 

[Longingfor 195]

At OP @JoannaV gave you the best advice. Do the info pass. Let USCIS guide you.

[BigDaddy28 228]

18 hours ago, HYC said:

Hi all, my husband and I got married in January 2015 and I got my green card July 2015, which means I should get 2 year green card but I got 10 year GC instead. I didn't realize that until now December 2017, which means I am already late to remove my conditions. We have our baby girl earlier this year (January 2017). I am hoping that this could be a good reason to explain why I file my I-751 late. My question is, should I file I-90 to replace my green card first and then file I-751 or just file I-751? Thank you all for your help. 

You are not alone in this. That mistake happened to many immigrants and they thought they don't have to remove conditions until the day they went for interview for naturalization and that's when USCIS realizes the mistake and make another bump for the immigrant. 

So my thoughts to you is: Call the 1800 number, make an infopass with USCIS (if they are close to where you live) and tell them about what happened. Removing conditions is necessary I don't know if you will have to file I90 or not and thats why their opinion is necessary.

You are in no trouble with the law. You are not deport-able but you will have to fix that mistake before applying for naturalization. 

[Ahoy01 31]

I am curious does your green card say "CR1" under the place where it says "category" and you still got a 10 year green card? or did they Accidentally issue your green card under the category of "IR1"?

Edited December 8, 2017 by Eli01

[Snorlux 58]

11 minutes ago, Eli01 said:

I am curious does your green card say "CR1" under the place where it says "category" and you still got a 10 year green card? or did they Accidentally issue your green card under the category of "IR1"?

Good question! Wondering the same myself.

[cablewyres 38]

42 minutes ago, Eli01 said:

I am curious does your green card say "CR1" under the place where it says "category" and you still got a 10 year green card? or did they Accidentally issue your green card under the category of "IR1"?

Wondering the same thing as well. That info would be vital of what the actual situation is.