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

[bobjennyhitched 99]

Just my two pence/cents - we filed after being married for six months but the visa was issued after two years of marriage and obviously I entered after. I got the IR1. Hope this helps. May not but thought it silly not to mention it,

[Crazy Cat 41,864]

7 minutes ago, bobjennyhitched said:

Just my two pence/cents - we filed after being married for six months but the visa was issued after two years of marriage and obviously I entered after. I got the IR1. Hope this helps. May not but thought it silly not to mention it,

Technically, the visa issuing date is irrelevant for a CR-1/IR-1.  The date of marriage and the the date of entry into the US are the only determining factors.  But, in your case, of course the entry data was after 2 years of marriage...

Edited September 8, 2020 by Lucky Cat

[Lil bear 4,215]

4 hours 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.

Those who adjust their status from K1, tourist or other visas used to enter the US, need to adjust their status. Those who inter using an immigrant visa issued by Consular  processing , do not then go through AOS. Those who have been married for longer than 2 years when they’re AOS is finalised become unconditional LPR and di not need to then go through ROC 

[Madufor Uzoma A 10]

9 hours ago, Lucky Cat said:

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.

hy lucky Cat i entered the US with a cr1 but was married 15th February 2018 but entered the US  16th February 2020 how many years GC do you think i will be issued

[Crazy Cat 41,864]

42 minutes ago, Madufor Uzoma A said:

hy lucky Cat i entered the US with a cr1 but was married 15th February 2018 but entered the US  16th February 2020 how many years GC do you think i will be issued

Should be a 10 year Green card.

Edited September 9, 2020 by Lucky Cat

[Madufor Uzoma A 10]

8 minutes ago, Lucky Cat said:

Should be a 10 year Green card.

thanks

[Neonred 3,564]

17 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.

Been there.  Done that.  My wife had the same issue with her green card.  

We called several times.

We submitted ROC that was returned.

I got tired of fighting with them so just decided to go with it.

No issues at naturalization.  

 

I would not, however, recommend you do what we did.

[Mikepal 0]

I came to US on F-1 in Jan 2014 and got married to PR resident in January 2020 and my AOS was approved this month. Since my marriage is less than 2 years I received 10 years GC. What should I do? Did anyone faced same

situation if yes what did you do? Any advice will be of great help.

 

Thank you

Edited March 22, 2021 by Mikepal

[Rmg 0]

I am in same situation. I received 10 years GC in July 2019 before 2 years of marriage.

Now in July 2021 , It will be 2 years since I received my GC. I am not sure what to do? A lot of people are talking about filing i-90 for getting correct 2 years GC & then file i-751 ROC. Its March end now. Can anyone suggest what to do now?

[milimelo 4,479]

4 hours ago, Mikepal said:

I came to US on F-1 in Jan 2014 and got married to PR resident in January 2020 and my AOS was approved this month. Since my marriage is less than 2 years I received 10 years GC. What should I do? Did anyone faced same

situation if yes what did you do? Any advice will be of great help.

 

Thank you

Fix it. Send I-90 with no fee (as USCIS error), provide copy of marriage certificate and approval date of AOS and spell it out that you were given the wrong duration green card as clearly you have not been married for 2 years at the time of approval of AOS. To make sure it goes through involve the immigration side of your congressman or senator - they have direct line of communication with USCIS and can guide this through to completion. 

1 hour ago, Rmg said:

I am in same situation. I received 10 years GC in July 2019 before 2 years of marriage.

Now in July 2021 , It will be 2 years since I received my GC. I am not sure what to do? A lot of people are talking about filing i-90 for getting correct 2 years GC & then file i-751 ROC. Its March end now. Can anyone suggest what to do now?

Same answer as to the poster I just replied to. Fix it. 

[Mikepal 0]

Thanks for your response. How to find the immigration side of congressman or senator? Can I contact USCIS and see what do they have to say? 

[milimelo 4,479]

6 minutes ago, Mikepal said:

Thanks for your response. How to find the immigration side of congressman or senator? Can I contact USCIS and see what do they have to say? 

https://www.house.gov/representatives/find-your-representative
https://www.senate.gov/senators/senators-contact.htm

 

Then go in their website and look around for help with a federal agency. 
example before is one of my senators in Illinois: 

 

https://www.duckworth.senate.gov/help/help-with-a-federal-agency

 

You copy/paste letter you’ve already drafted detailing your issue, provide copies of any NOA1 or notices and write clearly what you want them to do for you. You also include signed form allowing them to represent you (find it on their website). Then couple days later you follow up with them either via email or phone call (I wouldn’t be showing up at their office on covid times). 

[Mikepal 0]

Thanks milimelo for all the help. If I have to return my green card and wait for new green card to arrive. How can I continue working or travel outside US if i have to travel in case of emergency. Any idea how to do that? Or instead of fixing it I should just file for ROC after 2 years of my marriage? 

Edited March 22, 2021 by Mikepal

[da95826 387]

You can get an i551 stamp in your passport for continued proof of your LPR status.

Contact USCIS to make an infopass appointment at your local field office.

Bring copies of current green card, NOA for approval of AOS, receipt notice of your i-90 filing.

You will likely need to prove the need for the stamp like plain tickets of expired driver's license due to COVID reductions at USCIS offices.