10 Year Unconditional Green Card after 2 year marriage

[little immigrant 801]

1 hour ago, USS_Voyager said:

Yes, you control the NVC timeline by when you submit documents and when you do the medicals.

Hi how do you control the NVC timeline exactly? How do you ensure the application doesn't expire? What's the longest you can delay it? 

[Unlockable 7,315]

53 minutes ago, villaC said:

She is in the process of applying for citizenship. I also have another family member before me who was not given a conditional GC. That family member is also now a Citizen. 

 

I appreciate the advice but I think you guys are making much ado about nothing

No we are not. It is the law.

 

It is officially stated on the immigration website under the  Immigration Marriage Fraud Amendments of 1986

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-11685/0-0-0-11691.html

 

Quote

 

(B) Improperly Classified.

These are cases where the conditional permanent resident was incorrectly classified when he or she became a permanent resident (generally because the inspecting or adjudicating officer failed to notice that the alien had been married for at least two years at the time he or she was admitted to the United States as a permanent resident or adjusted his or her status to that of a permanent resident). When an officer determines that the alien was improperly classified as a conditional permanent resident, the officer should follow appropriate procedures to notify the conditional permanent resident of the misclassification

 

Even attorneys are advising to correct the error...

https://www.njimmigrationattorney.com/blog/2018/05/immigration-issues-10-year-green-card-by-mistake-error-on-green-card.shtml

https://www.avvo.com/legal-answers/green-card-received-for-10-years-but-we-were-marri-1468705.html

 

[HRQX 4,145]

6 minutes ago, little immigrant said:

What's the longest you can delay it? 

Indefinitely. Can contact NVC every 12 months to avoid them sending the petition back to USCIS (and eventually to the National Records Center).

[Lil bear 4,330]

9 minutes ago, little immigrant said:

Hi how do you control the NVC timeline exactly? How do you ensure the application doesn't expire? What's the longest you can delay it? 

You must be in contact with the NVC at least once every 12 months ... 

[Cryssiekins 976]

6 hours ago, villaC said:

I dont know about the 2 year wait. I know that when my wife entered the US after us being married less than a year she was not given a conditional GC. We have 2 children together so we didnt really have to prove relationship... the kids were the proof. So my guess is that they waived the conditional GC and she got her 10 year. 

Children do not make a marriage bonafide.

 

As you’ve been advised, it’s more prudent to check the dates and ensure the correct card was issued.  If the immigrant entered the US before the marriage was 2 years old, they are a conditional resident, regardless of what the card issued said.  USCIS is human and errors occur - this is immigration, so you don’t get to benefit from their error.

 

It’s far better to deal with correcting the mistake, rather than having it discovered during the citizenship process.  

[Beth & Achraf 328]

6 hours ago, villaC said:

I dont know about the 2 year wait. I know that when my wife entered the US after us being married less than a year she was not given a conditional GC. We have 2 children together so we didnt really have to prove relationship... the kids were the proof. So my guess is that they waived the conditional GC and she got her 10 year. 

Having kids is not why she was given a 10 year green card, kids don't mean anything (no disrespect)  in determining which green card the beneficially receives .

 

This could hurt her  when applying for citizenship,   It should of bee reported when she received her green card.

 

 

[USS_Voyager 1,972]

22 minutes ago, little immigrant said:

Hi how do you control the NVC timeline exactly? How do you ensure the application doesn't expire? What's the longest you can delay it? 

The petition stay "Alive" as long as contact NVC every year. 

[little immigrant 801]

2 hours ago, USS_Voyager said:

The petition stay "Alive" as long as contact NVC every year. 

By email or how? 

[Thegirl 225]

30 minutes ago, little immigrant said:

By email or how? 

Any kind of contact really. Email, calling, uploading some documents but not others, playing one fee but not the other, paying fees and then waiting to upload etc. But I wouldn't worry about that unless you are planning to go beyond next summer. You can pace out all the steps. 

[Keem12 9]

So that's what my wife and myself did and she said they ask her about it at the embassy along with 2 persons at the interview with her. 

She said 1 out of the 3 of them got rejected because they will ask why is it that your spouse take so long to file the papers and the follow up question was, why haven't your spouse travel back to see you. 

(Im not trying to scare you, im telling you what my wife went through and overheard at her interview last week) I visited my wife earlier this year so she told them that and she was ok but the other 2 (1 that got rejected) was getting grilled about why it took them so long to file the paper and why haven't their spouse visit them again. So I would advise you slow it down a bit at the NVC. remember your spouse doesn't have to flight immediately after being approved. (I think) they can wait up to 6months before traveling and good luck. If you want any tip about my wife experience, you can always ask.

[Tishy Wishy 18]

On 11/14/2019 at 7:45 AM, Keem12 said:

So that's what my wife and myself did and she said they ask her about it at the embassy along with 2 persons at the interview with her. 

She said 1 out of the 3 of them got rejected because they will ask why is it that your spouse take so long to file the papers and the follow up question was, why haven't your spouse travel back to see you. 

(Im not trying to scare you, im telling you what my wife went through and overheard at her interview last week) I visited my wife earlier this year so she told them that and she was ok but the other 2 (1 that got rejected) was getting grilled about why it took them so long to file the paper and why haven't their spouse visit them again. So I would advise you slow it down a bit at the NVC. remember your spouse doesn't have to flight immediately after being approved. (I think) they can wait up to 6months before traveling and good luck. If you want any tip about my wife experience, you can always ask.

 

Thanks I appreciate it!  

 

[Keem12 9]

2 hours ago, Tishy Wishy said:

 

Thanks I appreciate it!  

 

Yes because she did it in Kingston Jamaica. 

[Tishy Wishy 18]

On 11/17/2019 at 8:58 PM, Keem12 said:

Yes because she did it in Kingston Jamaica. 

 

I have a couple of questions:

 

How long did it take her to get the certificate of character from the police?

 

How long after NVC approval did it take to get an interview date?

[Keem12 9]

12 minutes ago, Tishy Wishy said:

 

I have a couple of questions:

 

How long did it take her to get the certificate of character from the police?

 

How long after NVC approval did it take to get an interview date?

We got an interview within 2 weeks and the police certificate will depend on how you pay the Jamaica's police. They've 3day (more money) i think 2weeks. I don't remember but you've different days and the fastest you want it back the more expensive it is. Your spouse can ask them.

[Tishy Wishy 18]

1 hour ago, Keem12 said:

We got an interview within 2 weeks and the police certificate will depend on how you pay the Jamaica's police. They've 3day (more money) i think 2weeks. I don't remember but you've different days and the fastest you want it back the more expensive it is. Your spouse can ask them.

Ok Thanks!