10 year IR1 green card given after AOS from K1

[NigeriaorBust 4,087]

5 minutes ago, Jolie&Charles said:

There is a french blog about a woman who got the 10 years GC right after the k1 visa aswell and she just kept it.. Apparently it's from having great evidences, a smooth case and the officer being satisfied with.. I higly doubt they would make such a "mistake" 

 

Just my opinion..

   That woman better make sure she removes conditions at the 2 year mark or she will have a huge problem.   Not removing conditions means you get your status terminated and put on the deportation list.   It is the wrong card and will cause issues.   It is not about how perfect your file looks.   

[Unlockable 7,315]

18 minutes ago, UkMza said:

I think the visa officer has the discretion to issue GC with a 2  or 10 years validity. My friend got it with 10 years validity though he was married for less than a year when they applied. I think it depends on how satisfied the officer is about the evidence provided. 

 

PS: His wife was a GC holder and they were both in the USA for the interview.

Your friend may have to turn in the card also. Or he should at least call and verify what he needs to do. 

 

 

2 minutes ago, Jolie&Charles said:

There is a french blog about a woman who got the 10 years GC right after the k1 visa aswell and she just kept it.. Apparently it's from having great evidences, a smooth case and the officer being satisfied with.. I higly doubt they would make such a "mistake" 

 

Just my opinion..

Please share this case. Because these mistakes happen as there are threads on VJ where a person was given a wrong card and had to change it. In fact, there are a couple of people in this thread who went through the same experience as the OP and was advised to return it.

 

Citizenship can be denied because of this error.

[Jolie&Charles 172]

5 minutes ago, NigeriaorBust said:

   That woman better make sure she removes conditions at the 2 year mark or she will have a huge problem.   Not removing conditions means you get your status terminated and put on the deportation list.   It is the wrong card and will cause issues.   It is not about how perfect your file looks.   

 

3 minutes ago, NuestraUnion said:

Your friend may have to turn in the card also. Or he should at least call and verify what he needs to do. 

 

 

Please share this case. Because these mistakes happen as there are threads on VJ where a person was given a wrong card and had to change it. In fact, there are a couple of people in this thread who went through the same experience as the OP and was advised to return it.

 

Citizenship can be denied because of this error.

Well, Other people commented to her if she was sure, to call them back etc while some others were saying that they heard stories like that and hoped they will get the same to be out of paper work for years !.. She got it in 2014 and is currenty working on her citizenship.. It's a very detailed blog about french/american couple so I think if she had problem with she would have said it.. 

I don't know her at the end, but I feel like all employee to every services (SSN, USCIS..) don't know everything and most of them just give generic answers.. 

Now to feel more reassured, send it back it's understandable 

[NatO23 235]

I have a friend from the gym who is actually an immigration lawyer... huge coincidence, and very handy for me. I spoke to him today and he told me that 10 year GCs are very rare from a K1 AOS, but they do happen. The problem is that if my case file in the USCIS system says that I'm on a 2 year conditional GC (ie, the card was printed incorrectly and doesn't match the file status), they'll be expecting to hear from me in 18 months to remove the conditions. However, if my file says that I'm on a 10 year unconditional card, then they did in fact produce the right version and I'm one of the very lucky and rare cases. 

 

I'm taking advice from people here though, and making sure I cover all bases. I'm going to my infopass appt on Thursday to find out what my file says, and if the card doesn't match it and I should have been given a 2 year card (which I'm 99% sure will be what they say) I'll just get my passport stamped and go ahead with the I-90 to correct everything. But maybe I'll get lucky, and they'll send me on my way with confirmation that nobody will be expecting to hear from me to remove the conditions in 2 years. 

 

Whatever I find out, I will share here so that others can get the information and possibly be helped if they find themselves in a similar situation.   

[NatO23 235]

PS - if this makes any difference at all... 3 days before the card arrived, I had a paper notice from USCIS saying 'Welcome to the United States' and telling me where to find information about immigration stuff. That notice stated that my case was IR1, as does the card. Which I wasn't expecting, I assumed it would be CR1. They don't make this stuff easy...

[UkMza 14]

1 hour ago, NuestraUnion said:

Your friend may have to turn in the card also. Or he should at least call and verify what he needs to do. 

 

 

Please share this case. Because these mistakes happen as there are threads on VJ where a person was given a wrong card and had to change it. In fact, there are a couple of people in this thread who went through the same experience as the OP and was advised to return it.

 

Citizenship can be denied because of this error.

This was in 2013 and he went through an attorney. He is now in the process of naturalization, so either my statement about the visa officer's discretionary powers is correct or we will find out soon enough if he runs into any issue. I have sent him a link to this thread so that he is aware

[Scandi 4,170]

If you don't file th i-90 to get it corrected you won't be able to file for ROC later, they will just reject your application and return it to you. If you don't file for ROC you will lose your status in the US and will be deportable.

 

So never just keep a 10 year greencard that were given to you in error, you will end up in a lot of trouble if you do. Get it fixed asap.

[NatO23 235]

1 minute ago, Scandi said:

If you don't file th i-90 to get it corrected you won't be able to file for ROC later, they will just reject your application and return it to you. If you don't file for ROC you will lose your status in the US and will be deportable.

 

So never just keep a 10 year greencard that were given to you in error, you will end up in a lot of trouble if you do. Get it fixed asap.

I'm definitely going to make sure I get this straightened out one way or another - everyone's advice here has led me to know that it's NOT a good idea just to keep it and play dumb. However, as the immigration lawyer said, my case may fully reflect what the card says and I may be on a 10 year IR1 GC now for whatever reason - he said it has definitely happened that he has known of. In which case USCIS won't be expecting me to go through ROC, as my case won't require it. If it's the simple mistake of the card being printed wrong, then they'll definitely be needing my ROC paperwork and I don't want to mess that up. 

 

Either way, I'm absolutely going to make 100% sure that everything ends up being correct and that I'm covered.

[Scandi 4,170]

Also, the greencard you receive should have category "CF1" not "IR1", as you didn't enter the country as a spouse, but as a fiancée.

 

CF1: Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen - conditional.

 

So USCIS got it very wrong.

[NatO23 235]

2 minutes ago, Scandi said:

Also, the greencard you receive should have category "CF1" not "IR1", as you didn't enter the country as a spouse, but as a fiancée.

 

CF1: Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen - conditional.

 

So USCIS got it very wrong.

That was what I thought - I was confused when I got the paper notice, and even more confused when I got the card. 

First they lost my medical results, now this. Great job, USCIS!

[Dutchster 1,107]

^ Correct. My GC also says category CF1.

OP, you got some great advise, please listen wisely. However, since your marriage was under the 2 year mark of the I-485, you are not eligible for a ten year green card. There is no such thing as an officer approving that green card for ten years.

Edited January 30, 2018 by Dutchster

[NatO23 235]

2 minutes ago, Dutchster said:

^ Correct. My GC also says category CF1.

OP, you got some great advise, please listen wisely. However, since your marriage was under the 2 year mark of the I-485, you are not eligible for a ten year green card. There is no such thing as an officer approving that green card for ten years.

I'm definitely going to listen to everyone here, and hopefully have my passport stamped and I-90 filed by the end of the week. I don't know how people figure this kind of issue out without Visa Journey, honestly. If I didn't have this resource, I'd probably just have kept the card and not known any better. Which is pretty dangerous!

[Ahoy01 31]

I actually remember seeing someone on these forms who was in the same case as you. They got a 10 year green card and they applied for ROC and the ROC was rejected as they had a 10 year green card. But when they filled for naturalization the mistake was discovered, but if I remember correctly the person did not have an issue naturalizing. I am just going based on my memory here. But I saw that somewhere on here.

 

But if I were you id make an appointment just to be sure it is not make mistake and get it corrected it is, I would not want to roll the dice on something like this. Please do keep us posted on what you find out as I am sure down the road someone else might have the same issue.

Edited January 30, 2018 by Eli01

[Markip1 71]

28 minutes ago, NatO23 said:

I'm definitely going to listen to everyone here, and hopefully have my passport stamped and I-90 filed by the end of the week. I don't know how people figure this kind of issue out without Visa Journey, honestly. If I didn't have this resource, I'd probably just have kept the card and not known any better. Which is pretty dangerous!

Exactly the same happened to me, the advice you've been given here is correct. File I-90, go get a stamp in your passport at an Infopass appointment and wait. It's a pretty long wait though! I'm up to 190 days since I returned mine and i'm still at "Case Is Being Actively Reviewed by USCIS". I've read it can take six months to a year to get the card back, and a part of me expects it to be returned with another error on it to be honest! 

 

You're also right about what a great resource this website and community is. I can see how people would just think they had lucked out and keep the card, never think about it again, until they encounter problems further down the road. I initially tried to call the customer service line for advice on if this was a mistake or not, and was told that it was ok, relax! Keep the card! Luckily, the VJ education I have received knew this was bull!

[NigeriaorBust 4,087]

   We had three 2 year green cards in error before getting a correct one.   It came just before it was time for ROC.    One for missing the second picture, one for a misspelled name and one for no fingerprint.