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

[Lil bear 4,219]

7 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.

If your marriage date was less than 2 years before your POE then you are not eligible for the 10 unconditional GC. Make sure you’re comparing POE date and not Visa issue date with your date of marriage 

If you did enter before the 2 yr anniversary then 

1. yes your card was incorrectly issued 

2. you should have received the 2 year card 

3. you must go through ROC

4. until the USCIS flags their records to show your correct status, they will reject your ROC application 

5. A you need to initiate the card correction immediately 

6. once you have the NOA for  the I90, you file for ROC, including the NOA and explanatory  letter in the application pack.

Make sure you keep copies of everything and that you have several copies of the GC ( front and back) and stamped visa, and the NOA1 

Edited September 8, 2020 by Lil bear

[Crazy Cat 41,893]

1 minute ago, Lil bear said:

If your marriage date was less than 2 years before your POE then you are not eligible for the 10 unconditional GC. Make sure you’re comparing POE date and not Visa issue date with your date of marriage 

If you did enter before the 2 yr anniversary then 

1. yes your card was incorrectly issued 

2. you should have received the 2 year card 

3. you must go through ROC

4. until the USCIS flags their records to show your correct status, they will reject your ROC application 

5. A you need to initiate the care correction immediately 

6. once you have the NOA for  the I90, you file for ROC, including the NOA and explanatory  letter in the application pack.

Make sure you keep copies of everything and that you have several copies of the GC ( front and back) and stamped visa, and the NOA1 

Agree.  I wish I had said it that clearly......😄

 

BTW, I-90s can now be filed online.......which is great for this situation....

Edited September 8, 2020 by Lucky Cat

[Lil bear 4,219]

1 minute ago, Lucky Cat said:

Agree.  I wish I had said it that clearly......😄

 

BTW, I-90s can now be filed online.......which is great for this situation....

Hey ... you give really great clear advise !! I’ve learned from you ! Happy to share my words ! Stay well ! 

[ProudlyConfused 24]

I too received a 10 year greencard instead of a 2 year greencard, post here: 

 

I had been in the US for roughly 7 years and then decided to apply for citizenship, I was called in for my citizenship interview and this is where it was discovered by the officer. I had to file an emergency removal of conditions which delayed my entire process significantly.

 

I landed up having to work with my state senators team to get my case expedited.

 

All in all it worked out and I had a combo ROC interview and N-400 interview and was naturalized last year.

 

I'd recommend contacting a tier 2 rep and have then guide you through the situation

 

[Mollie09 1,543]

52 minutes ago, Lucky Cat said:

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.

Length of marriage is absolutely relevant for AOS. For a marriage under two years on the date of approval you get a CR-6 2-year green card, for marriages over two years you get an IR-6 10-year green card.

[Lil bear 4,219]

26 minutes ago, Mollie09 said:

Length of marriage is absolutely relevant for AOS. For a marriage under two years on the date of approval you get a CR-6 2-year green card, for marriages over two years you get an IR-6 10-year green card.

Correct in reference to the outcome .. 2 year or 10 year GC .. but I think the answer to which you refer was speaking about the necessity of going through the AOS process ... which is required under certain circumstances,  no matter how long the person has been married 

[Mollie09 1,543]

3 minutes ago, Lil bear said:

Correct in reference to the outcome .. 2 year or 10 year GC .. but I think the answer to which you refer was speaking about the necessity of going through the AOS process ... which is required under certain circumstances,  no matter how long the person has been married 

I'm not sure I understand what you're saying. "The necessity of going through the AOS process...under certain circumstances" - do you mean K-1?  K-1s who overstay and AOS after their 2-year anniversary also get 10-year green cards.

Length of marriage is a consideration regardless of reason or necessity to adjust status.

[Timona 4,207]

1 hour 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.

Hahahaa is there an option of not entering US at that point? Knowing how a headache USCIS process is, I would have taken the next flight to neighboring country and waited for 30 days to be over, if that is even allowed. I would not hesitate to take an opportunity that will make me avoid USCIS headache or skip, albeit legally, some USCIS processes.

 

39 minutes ago, Mollie09 said:

Length of marriage is absolutely relevant for AOS. For a marriage under two years on the date of approval you get a CR-6 2-year green card, for marriages over two years you get an IR-6 10-year green card.

I agree with @Mollie09 on this one. 

[retheem 566]

9 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.

If you entered the US after your 2 year anniversary, then it's an IR1 and you don't have to do ROC

[Just Paul 4,595]

51 minutes ago, Mollie09 said:

I'm not sure I understand what you're saying. "The necessity of going through the AOS process...under certain circumstances" - do you mean K-1?  K-1s who overstay and AOS after their 2-year anniversary also get 10-year green cards.

Length of marriage is a consideration regardless of reason or necessity to adjust status.

Someone who AOSes does not get or have a CR1/IR1 visa.  They normally get a conditional green card.

 

The only time a K1 would get a 10 year green card is if they did not file AOS in a timely manner - which is a whole host of other potential issues.

[Dashinka 24,513]

1 hour ago, Mollie09 said:

I'm not sure I understand what you're saying. "The necessity of going through the AOS process...under certain circumstances" - do you mean K-1?  K-1s who overstay and AOS after their 2-year anniversary also get 10-year green cards.

Length of marriage is a consideration regardless of reason or necessity to adjust status.

Length of marriage is only a consideration in the determination of what GC someone is issued via an approved AOS application.  It is not relevant as to someone needing to do an marriage based AOS either from a K1 or via a non-immigrant visa such as a B2.  As others have mentioned, some folks AOSing from a K1 may wait to file, and it does not matter if they are married 1 yr, 2 or 5 years, they still have to file for AOS to gain LPR status.  

[jeanieCZ 228]

Good luck with that @Marriedforlove! It's crazy that USCIS making a mistake requires you to kinda "fight" them to persuade them to correct it, coz just accepting what they did would get you in trouble later. 

[Mollie09 1,543]

33 minutes ago, Dashinka said:

Length of marriage is only a consideration in the determination of what GC someone is issued via an approved AOS application.  It is not relevant as to someone needing to do an marriage based AOS either from a K1 or via a non-immigrant visa such as a B2.  As others have mentioned, some folks AOSing from a K1 may wait to file, and it does not matter if they are married 1 yr, 2 or 5 years, they still have to file for AOS to gain LPR status.  

Yes, but whether they receive a 2-yr or 10-yr green card depends on if they apply under or over two years after they get married, regardless of status they are adjusting from or how long they have been in the US.

[Crazy Cat 41,893]

2 hours ago, Mollie09 said:

Length of marriage is absolutely relevant for AOS. For a marriage under two years on the date of approval you get a CR-6 2-year green card, for marriages over two years you get an IR-6 10-year green card.

Oh......Yea.......I didn't think about that....Thanks......my mistake

Edited September 8, 2020 by Lucky Cat

[Crazy Cat 41,893]

1 hour ago, Paul & Mary said:

The only time a K1 would get a 10 year green card is if they did not file AOS in a timely manner - which is a whole host of other potential issues.

Yes.  I guess that's why I didn't think about a person who adjusts status getting a 10 year card......my mistake.