Conditional GC even if at the time of the interview I was married more than 2 years!

[Gamisha 50]

Hi all,

 

I just received my Green Card and I am beyond surprised that it expires after 2 years. I am guessing it is a conditional green card. This doesn't make sense to me. I thought that if at the time of the interview I was married more than 2 years with my USC husband, I will be getting a permanent green card that lasted two years. Are the rules changed or am I not remembering correctly?

 

Thank you!

Edited January 12, 2021 by Gamisha

[HRQX 4,145]

8 minutes ago, Gamisha said:

Are the rules changed or am I not remembering correctly?

You will have to submit an I-90 to correct it. Reason (D) is free to file; "My existing card has incorrect data because of Department of Homeland Security error"

 

USCIS clearly made a mistake as the Policy Manual is clear: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

Also see INA 216. It says that conditional GC is only given when the status is based on "a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage"

[Gamisha 50]

Do I really need to file a form? A call to USCIS isn't enough to fix an error they made?

Edited January 12, 2021 by Gamisha

[NancyNguyen 1,657]

6 minutes ago, Gamisha said:

Do I really need to file a form? A call to USCIS isn't enough to fix an error they made?

I-90 is the only choice. 

[igoyougoduke 1,656]

1 hour ago, Gamisha said:

Do I really need to file a form? A call to USCIS isn't enough to fix an error they made?

it does not work that way. he said she said .. not going to work 

[Gamisha 50]

Well. Thank you. I guess I will do the i-90. I read that could take 8-10 months, is this correct? Can i use my GC meanwhile?

[Gamisha 50]

Okay. I already saw that in case of error I have to send the original card with the application. This is incredible! Can I use my EAD meanwhile (until June when it expires) or should I just go ahead make an infopass appointment and get the i-551 stamped in my passport? Also, I saw people talking about expedite requests for i-90. Does anyone have more info on that?

 

[Ayrton 965]

8 hours ago, Gamisha said:

Okay. I already saw that in case of error I have to send the original card with the application. This is incredible! Can I use my EAD meanwhile (until June when it expires) or should I just go ahead make an infopass appointment and get the i-551 stamped in my passport? Also, I saw people talking about expedite requests for i-90. Does anyone have more info on that?

 

File for I-90 online, so you don't need to send the card right away. When they're ready to issue the new card, they will send a RFE requesting the old card. And before you send the card, you can get a stamp if you need it for something.

 

I tried to expedite my I-90 and they said nope.

Edited January 12, 2021 by Ayrton

[Gamisha 50]

1 hour ago, Ayrton said:

File for I-90 online, so you don't need to send the card right away. When they're ready to issue the new card, they will send a RFE requesting the old card. And before you send the card, you can get a stamp if you need it for something.

 

I tried to expedite my I-90 and they said nope.

Thank you!

This morning I called USCIS and I spoke with a very nice representative that told me to file online, and even if I don't send the physical card I cannot use it (he said that once i file the i-90 that card is voided). So after i file the i-90 I should call USCIS again to get an appointment at my local office and get an ADIT stamp on my passport.

 

Thank you all for your responses! It is a bummer that after waiting for more than 2 years for my green card, now I cannot even use it. But today I am definitely more positive, because I know there is a solution!

[Gamisha 50]

I am sorry to disturb you again. But I am filing the i-90 online and there is a question I am not sure about. The question is "what is your current immigration status?". I don't know if I should click on "Lawful permanent resident" or "Conditional permanent resident". I should be a "Lawful permanent resident" but my card shows wrongly that I am a conditional one. What to do? Thank you

[Ayrton 965]

23 minutes ago, Gamisha said:

Thank you!

This morning I called USCIS and I spoke with a very nice representative that told me to file online, and even if I don't send the physical card I cannot use it (he said that once i file the i-90 that card is voided). So after i file the i-90 I should call USCIS again to get an appointment at my local office and get an ADIT stamp on my passport.

 

Thank you all for your responses! It is a bummer that after waiting for more than 2 years for my green card, now I cannot even use it. But today I am definitely more positive, because I know there is a solution!

You can still use the card as proof of being a PR. The card is only void when USCIS adjudicate the case. If they deny for example, you keep the card you have.

 

 

15 minutes ago, Gamisha said:

I am sorry to disturb you again. But I am filing the i-90 online and there is a question I am not sure about. The question is "what is your current immigration status?". I don't know if I should click on "Lawful permanent resident" or "Conditional permanent resident". I should be a "Lawful permanent resident" but my card shows wrongly that I am a conditional one. What to do? Thank you

You're not a Conditional PR.

[HRQX 4,145]

1 hour ago, Gamisha said:

I don't know if I should click on "Lawful permanent resident" or "Conditional permanent resident".

Click on "Lawful permanent resident"

[Gamisha 50]

Thank you all for the information!

 

I just filed the i-90 online and along with it I attached:

 

- a copy the green card;

- a copy of our marriage certificate that shows that our wedding occurred more than 2 years before I became Permanent resident;

- a copy of the NOA2 for the i-485 showing that has been approved more than 2 years after our wedding;

- a copy of my passport (biographical page).

- a cover letter explaining the error and why I should have received a Permanent GC.

 

I hope I sent enough documents. Now I just have to wait about another year to have the GC corrected. 

 

Thank you again!

 

Edited January 12, 2021 by Gamisha

[little immigrant 801]

I have nothing to add but I wanted to share my experience. When my husband had his AOS interview the officer mentioned he'll get a conditional green card. I politely told him about the error and we're already married for 2+ years. He noticed the marriage date and we received a 10 year green card. 

[Gamisha 50]

2 hours ago, little immigrant said:

I have nothing to add but I wanted to share my experience. When my husband had his AOS interview the officer mentioned he'll get a conditional green card. I politely told him about the error and we're already married for 2+ years. He noticed the marriage date and we received a 10 year green card. 

Hi. Thank you for sharing your experience. I was just thinking that I should have highlighted that we were married 2+ years during the interview and asked if that means I will be receiving the permanent card. But we talked about our second anniversary at some point and the officer also asked us the date of our wedding.  Also during the interview, I was pretty nervous and a lot of things I wanted to say I didn't say. 😬

Edited January 13, 2021 by Gamisha