I received a 10 Year Greencard Instead of a 2 Year Greencard

[Marriedforlove 4]

Hi,

 

I received a 10 year greencard instead of a 2 year greencard when I came to the USA. My marriage at that time was under 2 years. I called USCIS and they told me since my visa, passport and greencard ay IR1, my greencard is good.

 

I am going to file for ROC next month just to be on the safe side. 

 

Is there anyone who has gone through the same thing and what did they do to resolve?

 

Thank you.

[Lucky2Lucky 2,526]

I think you will have problems down the line and need to reach out to USCIS again and ask to speak with a tier 2 officer. Hopefully a senior member can chime in.

[Dashinka 24,933]

I agree with @Luckycuds.  You may also want to do a search on VJ about this as though rare, it has happened.  I found this thread that may be helpful although a bit dated.

 

Good Luck!

 

 

[Dashinka 24,933]

Another link that may be helpful.

 

 

[Scandi 4,186]

USCIS will likely reject your ROC as they have the wrong information in their system. According to their system you should not file for ROC. And if you don't file for ROC you will have major issues down the line when you for instance file for citizenship and they realized they had the info wrong.

 

So until you file the i-90 and have your info corrected with USCIS, you won't be able to file ROC and you will have major issues if you don't file for ROC. 🤷‍♀️

 

[Crazy Cat 42,648]

Your timeline says you entered the US in January of 2019.  This error should have been addressed ASAP after discovery.  Of course, you have legitimate status as legal resident, but I agree with @Scandi regarding the I-90.  If you entered the US prior to having been married for 2 years, you MUST file the I-751 to remove conditions.....regardless of USCIS's mistake.  Failing to do so could result in loss of status.  However, as @Scandi pointed out, There is a risk of rejection before the mistake is reported/corrected.....  I would file the I-90 today....online.

 

EDIT:  You MUST file the I-751 package at the proper time.  It appears your 90 day window opens up next month.  I would probably file the I-751 package along with a letter explaining the issue and evidence of having sent the I-90 after the 90 day window opens.

 

 

 

Edited September 8, 2020 by Lucky Cat

[Bob in Boston 767]

6 hours ago, Marriedforlove said:

Hi,

 

I received a 10 year greencard instead of a 2 year greencard when I came to the USA. My marriage at that time was under 2 years. I called USCIS and they told me since my visa, passport and greencard ay IR1, my greencard is good.

 

I am going to file for ROC next month just to be on the safe side. 

 

Is there anyone who has gone through the same thing and what did they do to resolve?

 

Thank you.

What was the date of issue on your green card?

[Crazy Cat 42,648]

Just now, Bob in Boston said:

What was the date of issue on your green card?

"Resident since" date should be the day the OP entered the US.

[Bob in Boston 767]

reading that piece i posted it says after you get to us you have to adjust status. Was wondering when he was issued his greencard. What was the approval date. Perhaps he was married 2 years by then. I was also wondering if he applied for the ir1 visa in india or they gave it to him in error.

[Crazy Cat 42,648]

22 minutes ago, Bob in Boston said:

reading that piece i posted it says after you get to us you have to adjust status. Was wondering when he was issued his greencard. What was the approval date. Perhaps he was married 2 years by then. I was also wondering if he applied for the ir1 visa in india or they gave it to him in error.

The OP entered via a CR-1 visa.  The Green Card  "status" was issued the second he/she entered the US.  Thus, the entry date is the "approval" date for CR-1/IR-1 entrants..

Edited September 8, 2020 by Lucky Cat

[Crazy Cat 42,648]

8 minutes ago, Bob in Boston said:

reading that piece i posted it says after you get to us you have to adjust status. Was wondering when he was issued his greencard. What was the approval date. Perhaps he was married 2 years by then. I was also wondering if he applied for the ir1 visa in india or they gave it to him in error.

That is incorrect.   CR-1/IR-1 entrants do not have to adjust status.  They are granted status immediately upon entry.

Edited September 8, 2020 by Lucky Cat

[Bob in Boston 767]

Ok and uscis has him entering on a IR1 visa. Wonder what the embasy issued him

 

[Crazy Cat 42,648]

14 minutes ago, Bob in Boston said:

Ok and uscis has him entering on a IR1 visa. Wonder what the embasy issued him

 

It really doesn't matter.  2 year card vs 10 year card is determined at the processing center based on the length of time between marriage date and entry into the US.  Example: Sometimes, people are issued a CR-1 visa at the consulate prior to having been married for 2 years.........but if they enter the US after 2 years of marriage, they would receive a 10 year card.....

 

Real life example:  My wife entered the US 30 days prior to our 2 year wedding anniversary.  The CBP officer said "If you had waited 30 days, you would receive a 10 year Green Card".....Correctly, my wife received a 2 year card.

Edited September 8, 2020 by Lucky Cat

[Bob in Boston 767]

10 minutes ago, Lucky Cat said:

Real life example:  My wife entered the US 30 days prior to our 2 year wedding anniversary.  The CBP officer said "If you had waited 30 days, you would receive a 10 year Green Card".....Correctly, my wife received a 2 year card.

haha and mine was 45 days shy of the 2 years

[Crazy Cat 42,648]

4 hours ago, Bob in Boston said:

haha and mine was 45 days shy of the 2 years

Well, your situation was a little different.  Your case was an Adjustment of Status after having already been present in the US.  Length of marriage is not relevant.

 

EDIT:  @Mollie09 corrected me later in the thread........the length of marriage is relevant...😊

Edited September 8, 2020 by Lucky Cat