Husband received conditional greencard despite being married 5 years

[Insha 17]

Hi guys, 

 

My husband immigrated in March of 2020 and after 1 year of waiting for his greencard, when he finally got it it was a Conditional card. We have been married since 2016 and I had originally filed for him in 2016 so I thought maybe it was an error. Based on other peoples' advice, I filed an I90 to fix the error but they mailed us a letter saying we need to continue to wait until the date to file to remove the conditions off his greencard as well as pay the fee. Basically, they don't think it's an error. I called uscis and spoke to 2 individuals who told me that the condition is based off when I applied and that since I applied a few months after my marriage the greencard is Conditional. I don't understand how that is remotely even accurate at all, even when his visa was approved we were 4 years into our marriage. Someone please help me understand how this is right when on USCIS' website it states that a Conditional card is for those who had their visa approved less then 2 years into their marriage. Right now they are telling us to file to remove the conditions and pay the almost $700 fee as well as go in for the marriage interview which we are looking at another 15 months for the whole process. Does anyone have any advice for us? Thank you

[Crazy Cat 41,845]

If the time between your marriage and the time when he became a legal resident was 2 years or more, then he should gotten a 10 card....period.   There is no question.......period.  You spoke to idiots at USCIS.

Edited December 26, 2021 by Crazy Cat

[Insha 17]

1 minute ago, Crazy Cat said:

If the time between your marriage and the time when he became a legal resident was 2 years or more, then he should gotten a 10 card....period.   There is no question.......period.  You spoke to idiots at USCIS.

Thank you sir I knew I wasn't crazy, I'm honestly so frustrated with those people. They claim it's based off the filing date vs when he became a resident.

[Crazy Cat 41,845]

4 minutes ago, Insha said:

Thank you sir I knew I wasn't crazy, I'm honestly so frustrated with those people. They claim it's based off the filing date vs when he became a resident.

They are wrong.

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

 

[millefleur 5,046]

If USCIS keeps giving you the run around, get your senators or congressperson involved, go to their websites and look for "Help with a Federal Agency." Also try USCIS ombudsman.

[arken 4,197]

What options did you check on i90 and what documents did you provide to point their error?

[mushroomspore 3,044]

1 hour ago, Insha said:

Hi guys, 

 

My husband immigrated in March of 2020 and after 1 year of waiting for his greencard, when he finally got it it was a Conditional card. We have been married since 2016 and I had originally filed for him in 2016 so I thought maybe it was an error. Based on other peoples' advice, I filed an I90 to fix the error but they mailed us a letter saying we need to continue to wait until the date to file to remove the conditions off his greencard as well as pay the fee. Basically, they don't think it's an error. I called uscis and spoke to 2 individuals who told me that the condition is based off when I applied and that since I applied a few months after my marriage the greencard is Conditional. I don't understand how that is remotely even accurate at all, even when his visa was approved we were 4 years into our marriage. Someone please help me understand how this is right when on USCIS' website it states that a Conditional card is for those who had their visa approved less then 2 years into their marriage. Right now they are telling us to file to remove the conditions and pay the almost $700 fee as well as go in for the marriage interview which we are looking at another 15 months for the whole process. Does anyone have any advice for us? Thank you

They are weong and you are right. They're the worst sometimes. So can you confirm your husband got IR-1 visa (NOT adjustment of status?).

 

 File I-90 again and send it with:

 

- Copy of marriage certificate with a BRIGHT Post-it pointing to the official marriage date

- Copy of approval letter with another bright post-it note pointing to the APPROVAL date (NOT the filing date)

- Copy of passport page with the IR-1 visa showing DATE OF ENTRY (which is what the embassy/consulate should have given your husband...IR-1 is for couples married 2+ years and CR-1 is for less than 2 years)

- List these dates out again in a cover letter. 

- Also print out this page: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#12

Highlight the WHOLE section of "What is Conditional Residence?", which clearly explains who gets the 2 year conditional card vs the 10 year card.

- End your cover letter by stating, "On ____'s date of entry, our marriage was 4 years old (or whatever the exact amt of time is) and ____ should receive the 10 year card as based on the provided policy regarding conditional vs permanent resident cards. Due to this being DHS/USCIS error, the fee must be waived for this I-90 filing."

 

You literally have to spell it out for them.

 

Edited December 26, 2021 by mushroomspore

[Mike E 11,739]

Based on the OP, I completely agree with the  answer is that he should have had a 10 year green card.
 

Please fill out your timeline though.  
 

I am curious though if he was issued a CR-1 or IR-1  visa?

[Insha 17]

37 minutes ago, Mike E said:

Based on the OP, I completely agree with the  answer is that he should have had a 10 year green card.
 

Please fill out your timeline though.  
 

I am curious though if he was issued a CR-1 or IR-1  visa?

A CR1 

[Okboy 43]

1 hour ago, Insha said:

Hi guys, 

 

My husband immigrated in March of 2020 and after 1 year of waiting for his greencard, when he finally got it it was a Conditional card. We have been married since 2016 and I had originally filed for him in 2016 so I thought maybe it was an error. Based on other peoples' advice, I filed an I90 to fix the error but they mailed us a letter saying we need to continue to wait until the date to file to remove the conditions off his greencard as well as pay the fee. Basically, they don't think it's an error. I called uscis and spoke to 2 individuals who told me that the condition is based off when I applied and that since I applied a few months after my marriage the greencard is Conditional. I don't understand how that is remotely even accurate at all, even when his visa was approved we were 4 years into our marriage. Someone please help me understand how this is right when on USCIS' website it states that a Conditional card is for those who had their visa approved less then 2 years into their marriage. Right now they are telling us to file to remove the conditions and pay the almost $700 fee as well as go in for the marriage interview which we are looking at another 15 months for the whole process. Does anyone have any advice for us? Thank you

Do not let USCIS play you around. They must correct their error. I would tryna get an info pass, go in there and trash it out with them and contact your congress person. Do not let them rest for a sec. It’s your right. 

[mushroomspore 3,044]

5 minutes ago, Insha said:

A CR1 

Ok this is the reason for the confusion. He should have gotten IR-1 since CR-1 is only for couples married less than 2 years on date of entry. Technically, the border agent should have caught it and updated it or your husband should have asked for it to be changed to IR-1. 

 

Before you file a second I-90, you probably need to go to a CBP Deferred Inspection location to have CBP update it from their end too. List of locations here: https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

 

[Crazy Cat 41,845]

5 minutes ago, mushroomspore said:

Ok this is the reason for the confusion. He should have gotten IR-1 since CR-1 is only for couples married less than 2 years on date of entry. Technically, the border agent should have caught it and updated it or your husband should have asked for it to be changed to IR-1. 

 

Before you file a second I-90, you probably need to go to a CBP Deferred Inspection location to have CBP update it from their end too. List of locations here: https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

 

Even so, the card is not determined by CBP at the border.  It is determined by USCIS records after entry when the card is processed.  In addition, USCIS should have corrected the card based on the OP's I-90 which was filed. 

Edited December 26, 2021 by Crazy Cat

[Insha 17]

12 minutes ago, Okboy said:

Do not let USCIS play you around. They must correct their error. I would tryna get an info pass, go in there and trash it out with them and contact your congress person. Do not let them rest for a sec. It’s your right. 

I will definitely do that

[Insha 17]

10 minutes ago, mushroomspore said:

Ok this is the reason for the confusion. He should have gotten IR-1 since CR-1 is only for couples married less than 2 years on date of entry. Technically, the border agent should have caught it and updated it or your husband should have asked for it to be changed to IR-1. 

 

Before you file a second I-90, you probably need to go to a CBP Deferred Inspection location to have CBP update it from their end too. List of locations here: https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

 

The border agent did tell him it needs to be updated to an IR1 but he didn't update it for him he just told him to get it updated. Do you know how we can update it or should we go to a USCIS office and request and update?

[millefleur 5,046]

8 minutes ago, Insha said:

The border agent did tell him it needs to be updated to an IR1 but he didn't update it for him he just told him to get it updated. Do you know how we can update it or should we go to a USCIS office and request and update?

Only USCIS can update the card to IR-1. I-90 is the proper method, USCIS is just refusing to understand the situation it sounds like.

 

Edit: I also recommend making an Infopass appointment and talking to someone face-to-face at USCIS, if possible.

Edited December 26, 2021 by millefleur