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From K-1 to 10 year GC immediately??

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Filed: Citizen (apr) Country: Denmark
Timeline

Please help me out here, my head is spinning!! 

 

Long story short: I came to America on a K-1 visa in 01/2016, we got married 03/2016. Filed and applied for adjustment of status and granted a GC in 08/2016. When I received the card, I noticed it was valid for 10 years instead of the 2 years that it should have been based off of my status.

 

Made appointment with local USCIS field office where I was encouraged to file I-90 with request to correct my GC. So I did.

 

14 months later (11/2017) I receive a letter stating they're terminating my application as they claim, that I claimed, I never received the physical GC (which is not true, I sent it with the packet and there's even proof that they made photocopies of it but anyways 😑). I then filed a motion I-290B but they returned it without re-examining my case as I didn't pay the $700 fee - I wonder why I didn't.... Duh!

 

Fast forward to today where I had an appointment with my local field office to get a new stamp in my passport as I don't have my GC in hand. This lady then told me that I should have kept my original GC as I'm listed as an "IF-1" in the system, that I "over-thought" the process, my GC SHOULD be valid for 10 years and that it's not a mistake....

 

I was very confused and I still am, how can that be correct given my immigration process ??

 

She's saying I should now send off a new I-90 requesting a GC replacement. I kept stating to her; "I came here on a K-1 visa and our marriage was less than 2 years when I was granted the GC" but she kept saying it was correct. I'm at a loss. I DON'T want to NOT file for the 10 year GC when I'm eligible for it in 3 months and jeopardize my immigration status due to wrong information.

 

Please help me make sense of this!

Our Visa Journey (L) (See our Immigration timeline for a very detailed K-1 and AOS process)

 

08/17/2015 - I-129F petition/packet sent off
12/17/2015 - Visa Interview in Sweden. We're APPROVED!!!
01/14/2016 - P.O.E. @ Newark International Airport
03/21/2016 - Got married @ town hall
03/22/2016 - AOS, EAD, AP packet sent off
08/03/2016 - Became a Conditional Permanent Resident
05/07/2018 - ROC packet sent off

06/12/2019 - ROC approved (no RFE, no transfer, no interview)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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It was definitely a mistake. As a k1 holder you need to receive 2 year green card and then go through the Removal of Conditions process to get a 10 year. 

You were right trying to correct that. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: AOS (apr) Country: Uganda
Timeline
On 2/6/2018 at 1:32 PM, ckibs said:

Please help me out here, my head is spinning!! 

 

Long story short: I came to America on a K-1 visa in 01/2016, we got married 03/2016. Filed and applied for adjustment of status and granted a GC in 08/2016. When I received the card, I noticed it was valid for 10 years instead of the 2 years that it should have been based off of my status.

 

Made appointment with local USCIS field office where I was encouraged to file I-90 with request to correct my GC. So I did.

 

14 months later (11/2017) I receive a letter stating they're terminating my application as they claim, that I claimed, I never received the physical GC (which is not true, I sent it with the packet and there's even proof that they made photocopies of it but anyways 😑). I then filed a motion I-290B but they returned it without re-examining my case as I didn't pay the $700 fee - I wonder why I didn't.... Duh!

 

Fast forward to today where I had an appointment with my local field office to get a new stamp in my passport as I don't have my GC in hand. This lady then told me that I should have kept my original GC as I'm listed as an "IF-1" in the system, that I "over-thought" the process, my GC SHOULD be valid for 10 years and that it's not a mistake....

 

I was very confused and I still am, how can that be correct given my immigration process ??

 

She's saying I should now send off a new I-90 requesting a GC replacement. I kept stating to her; "I came here on a K-1 visa and our marriage was less than 2 years when I was granted the GC" but she kept saying it was correct. I'm at a loss. I DON'T want to NOT file for the 10 year GC when I'm eligible for it in 3 months and jeopardize my immigration status due to wrong information.

 

Please help me make sense of this!

USCIS makes mistakes too and some of their officers are not knowledgeable on the benefits they are conferring.

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to AOS FAmily from K1/K3, from AOS from Work, Student &Tourist Visas - As the OP adjusted from a K1 and is having issues with getting the proper card.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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  • 1 year later...
Filed: AOS (apr) Country: Russia
Timeline
On 2/6/2018 at 1:32 PM, ckibs said:

Please help me out here, my head is spinning!! 

 

Long story short: I came to America on a K-1 visa in 01/2016, we got married 03/2016. Filed and applied for adjustment of status and granted a GC in 08/2016. When I received the card, I noticed it was valid for 10 years instead of the 2 years that it should have been based off of my status.

 

Made appointment with local USCIS field office where I was encouraged to file I-90 with request to correct my GC. So I did.

 

14 months later (11/2017) I receive a letter stating they're terminating my application as they claim, that I claimed, I never received the physical GC (which is not true, I sent it with the packet and there's even proof that they made photocopies of it but anyways 😑). I then filed a motion I-290B but they returned it without re-examining my case as I didn't pay the $700 fee - I wonder why I didn't.... Duh!

 

Fast forward to today where I had an appointment with my local field office to get a new stamp in my passport as I don't have my GC in hand. This lady then told me that I should have kept my original GC as I'm listed as an "IF-1" in the system, that I "over-thought" the process, my GC SHOULD be valid for 10 years and that it's not a mistake....

 

I was very confused and I still am, how can that be correct given my immigration process ??

 

She's saying I should now send off a new I-90 requesting a GC replacement. I kept stating to her; "I came here on a K-1 visa and our marriage was less than 2 years when I was granted the GC" but she kept saying it was correct. I'm at a loss. I DON'T want to NOT file for the 10 year GC when I'm eligible for it in 3 months and jeopardize my immigration status due to wrong information.

 

Please help me make sense of this!

OMG! I am so sorry! I came with K1visa too. I am getting crazy too, I received a 2 yrs GC instead of 10 yrs GC (I am married for 3,5 yrs). And I don't know what to do, I am afraid to file I-90. Do you have any uptades on your case?

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