Married Over 2 Years at time of AOS - Permanent Green Card Question

[Ackster 28]

My wife and I were married back in October 2019 on a K1 visa. We filed for our AOS that month and finally had our interview last week (2.5 years after marriage).  She received her Green Card today and it expires in 2 years. I thought that since we were married for more than 2 years at the time of her AOS that she would have received her 10 year green card. Was this an error by USCIS?   

[Timona 4,207]

Error. 

 

File I-90 online 

[Ackster 28]

In addition, the category on her card is:

 

CF1: Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen - conditional.

 

So, this is defiinitely a conditional green card.  My wife will be calling USCIS to find out why there was an error.

[Timona 4,207]

You'll be talking to tier 1 who'll just read a script. File I-90...

[Ackster 28]

On 4/19/2022 at 11:39 AM, Timona said:

You'll be talking to tier 1 who'll just read a script. File I-90...

Thanks  Timona - we plan to file the I-90.  I read that we can file for free due to DHS error but we will need to send back the original green card.  We plan to travel to Canada and Europe this summer and were wondering how we do this if this can take 9-12 months to correct.  

 

I also read we can request an expedited review of the case if it is emergent, but not sure if traveling to Europe to visit family we haven't seen in over 2.5 years would be considered an emergency.

Edited April 20, 2022 by Ackster

[powerpuff 6,697]

7 minutes ago, Ackster said:

Thanks  Timona - we plan to file the I-90.  I read that we can file for free due to DHS error but we will need to send back the original green card.  We plan to travel to Canada and Europe this summer and were wondering how we do this if this can take 9-12 months to correct.  

 

I also read we can request an expedited review of the case if it is emergent, but not sure if traveling to Europe to visit family we haven't seen in over 2.5 years would be considered an emergency.

You can request an info pass appointment to receive a I-551 ADIT stamp in her passport, that will be her proof of being a permanent resident while she’s waiting for her updated GC. She can use that to work/travel 

Edited April 20, 2022 by powerpuff

[Timona 4,207]

I am not sure about this, but I think you send back the wrong card after you receive the corrected one. 

 

I'm sure USCIS knows that people need their cards in the meantime. So, I doubt if they'd take it immediately and leave you empty handed. 

[Chancy 6,241]

On 4/20/2022 at 2:04 PM, Timona said:

I am not sure about this, but I think you send back the wrong card after you receive the corrected one. 

 

For I-90 online filing, USCIS will RFE for the GC with error.  The applicant must send back the GC using the provided envelope, then USCIS will approve the I-90 and send the corrected GC.

 

@Ackster, after filing the I-90, call the USCIS hotline, say "InfoPass" at the voice prompts, then tell the agent that you need an InfoPass to get an I-551 ADIT stamp.  Bring your I-90 receipt to your appointment.

 

[Ackster 28]

Thank you everyone for the replies, this is all very helpful information!  We will be filing her I-90 shortly.