USCIS Issued ME 1 year GREENCARD THAN 2 YEARS!!

[SebastianOs 14]

Hello everyone!

Our case story summary:

Husband and I got married on January 2019 and then we sent our AOS first application a few months after that but got denied due to hubby's loss of job and couldn't provide documents they needed to continue the process.  So, we re-applied again same year but this time we have cosponsor so then we got interviewed and approved after waiting forever on August 2021 (2020 was just a rough year because of COVID). I received my green card and I noticed on my GC I only have 1 year left before it expires but I supposed to have 2 years right? After the approval.

 

(I was hoping to get 10 years green card lol because of us being married for more than 2 years (I know its not guaranteed, case to case basis I guess)  before approval but only got 1 year left before it expires). 

 

Basically, on my green card says I was a resident since August 2020 but I never got approved that year. So, our current status now is they sent me  a  notice letter saying to apply for ROC, also says I got approved on the year 2020 but that's not true. We didn't bother to call USCIS. But my question is, if you were in my case what do you think you could've done? 

 

Thanks for reading!

[powerpuff 6,744]

When did you have your second interview? Were you married for 2 or more years when received your approval?

[mushroomspore 3,044]

13 minutes ago, SebastianOs said:

Hello everyone!

Our case story summary:

Husband and I got married on January 2019 and then we sent our AOS first application a few months after that but got denied due to hubby's loss of job and couldn't provide documents they needed to continue the process.  So, we re-applied again same year but this time we have cosponsor so then we got interviewed and approved after waiting forever on August 2021 (2020 was just a rough year because of COVID). I received my green card and I noticed on my GC I only have 1 year left before it expires but I supposed to have 2 years right? After the approval.

 

(I was hoping to get 10 years green card lol because of us being married for more than 2 years (I know its not guaranteed, case to case basis I guess)  before approval but only got 1 year left before it expires). 

 

Basically, on my green card says I was a resident since August 2020 but I never got approved that year. So, our current status now is they sent me  a  notice letter saying to apply for ROC, also says I got approved on the year 2020 but that's not true. We didn't bother to call USCIS. But my question is, if you were in my case what do you think you could've done? 

 

Thanks for reading!

Re: the bolded part - where did you read it's a "case by case" basis for 2 yr vs 10 yr GC? It is not. It's in the USCIS manual that if a perm resident is approved and their marriage is younger than 2 yrs old at that point, they get a 2 yr conditional card. If the marriage is older than 2 yrs at the time of approval, they get the 10 yr card. It is cut and dry, black and white. It makes no sense for it to be on a "case to case" basis. Why would any couple married for 2+ yrs not be allowed the unconditional 10 yr card??

 

Also, you need to file I-90 to get the card fixed. It is USCIS error so the I-90 is free foe you to file.

Edited July 16, 2022 by mushroomspore

[Crazy Cat 41,982]

16 minutes ago, SebastianOs said:

Hello everyone!

Our case story summary:

Husband and I got married on January 2019 and then we sent our AOS first application a few months after that but got denied due to hubby's loss of job and couldn't provide documents they needed to continue the process.  So, we re-applied again same year but this time we have cosponsor so then we got interviewed and approved after waiting forever on August 2021 (2020 was just a rough year because of COVID). I received my green card and I noticed on my GC I only have 1 year left before it expires but I supposed to have 2 years right? After the approval.

 

(I was hoping to get 10 years green card lol because of us being married for more than 2 years (I know its not guaranteed, case to case basis I guess)  before approval but only got 1 year left before it expires). 

 

Basically, on my green card says I was a resident since August 2020 but I never got approved that year. So, our current status now is they sent me  a  notice letter saying to apply for ROC, also says I got approved on the year 2020 but that's not true. We didn't bother to call USCIS. But my question is, if you were in my case what do you think you could've done? 

 

Thanks for reading!

Really? 

1.  No, it is not "case to case".  Either you had been married for 2 years on the date of approval or you weren't.  ANY error should have been noted and reported asap.

2.  If you file ROC too early, it will be rejected.

3.  If you file ROC too late, you could be placed into removal procedures.

ANY error should immediately be reported and corrected.

Edited July 16, 2022 by Crazy Cat

[mushroomspore 3,044]

6 minutes ago, powerpuff said:

When did you have your second interview? Were you married for 2 or more years when received your approval?

OP said they got married Jan 2019 and were finally approved Aug 2021 so their marriage is def older than 2 years at the time of approval. 

[SebastianOs 14]

2 minutes ago, powerpuff said:

When did you have your second interview? Were you married for 2 or more years when received your approval?

We didn't had second interview. We got interviewed on June 2021. Yes, married for more than 2 years when we got approved.

[Crazy Cat 41,982]

Step1: Determine the actual timeline of all events.

Step 2: Determine whether you received the proper Green Card

Step 3: Take IMMEDIATE action (I-90) to either correct the GC or plan for Removal of Conditions at the appropriate time.

You might have to hire an attorney to help you clear up this mess.  

Edited July 16, 2022 by Crazy Cat

[powerpuff 6,744]

Just now, SebastianOs said:

We didn't had second interview. We got interviewed on June 2021. Yes, married for more than 2 years when we got approved.

That’s what I meant by second interview. 
 

File I-90 for free to receive a correct 10 year GC. You don’t want to deal with ROC

[mushroomspore 3,044]

2 minutes ago, SebastianOs said:

We didn't had second interview. We got interviewed on June 2021. Yes, married for more than 2 years when we got approved.

File I-90 right away with copies of your marriage cert and the I-485 approval letter with post-it's or stickers pointing to the dates and a letter with very clear language saying: "I was married XXXX/2019. My I-485 was approved XXXX/2021. My marriage was older than 2 years old at the time of approval. Therefore, my green card's 'Resident Since' date is incorrect and the expiration date should reflect 10 years, not 2 years." Yes it sounds stupidly obvious but you have to spell it out for them. Burden is on us to call attn to these errors. 

[SebastianOs 14]

20 minutes ago, SebastianOs said:

Basically, on my green card says I was a resident since August 2020 but I never got approved that year.

I meant to say here *ABOVE*

 

we never got updates about our application on the year of 2020 so basically we waited more than 1 year before they gave us an interview date. Sorry for the confusion. 

[mushroomspore 3,044]

5 minutes ago, Crazy Cat said:

Step1: Determine the actual timeline of all events.

Step 2: Determine whether you received the proper Green Card

Step 3: Take IMMEDIATE action (I-90) to either correct the GC or plan for Removal of Conditions at the appropriate time.

You might have to hire an attorney to help you clear up this mess.  

I don't think they need a lawyer. Their marriage was definitely more than 2 yrs old at the time of approval so they should have the 10 yr card. I think they just need to file I-90. I'm more confused about why OP thought the 10 yr card was given on a "case to case" basis. That makes zero sense.

[Crazy Cat 41,982]

1 minute ago, SebastianOs said:

I meant to say here *ABOVE*

 

we never got updates about our application on the year of 2020 so basically we waited more than 1 year before they gave us an interview date. Sorry for the confusion. 

If you were married for 2 years or longer as of the date the Adjustment of Status was approved, you should have received a 10 year card....period.  This should have been immediately reported via an I-90.  

[SebastianOs 14]

13 minutes ago, mushroomspore said:

Re: the bolded part - where did you read it's a "case by case" basis for 2 yr vs 10 yr GC? It is not. It's in the USCIS manual that if a perm resident is approved and their marriage is younger than 2 yrs old at that point, they get a 2 yr conditional card. If the marriage is older than 2 yrs at the time of approval, they get the 10 yr card. It is cut and dry, black and white. It makes no sense for it to be on a "case to case" basis. Why would any couple married for 2+ yrs not be allowed the unconditional 10 yr card??

 

Also, you need to file I-90 to get the card fixed. It is USCIS error so the I-90 is free foe you to file.

Thanks for the reply!

 

I think I read it somewhere on a Facebook group for AOS, they're saying some may get lucky some won't so it's case to case basis. But, now I remembered reading it on USCIS website (thanks for reminding me BTW) before about getting 10 years GC when married more  than 2 years. 

 

I didn't provide much details on my post but we did submitted I-90 form on  August 2021 but until now still pending in review. I don't know if I should wait for that or we should just apply now for ROC before it expires on August this year.

[Crazy Cat 41,982]

5 minutes ago, mushroomspore said:

I don't think they need a lawyer. Their marriage was definitely more than 2 yrs old at the time of approval so they should have the 10 yr card. I think they just need to file I-90. I'm more confused about why OP thought the 10 yr card was given on a "case to case" basis. That makes zero sense.

Agree.

Looks like 2 errors: 

1.  Resident Since date is incorrect.

2.  Wrong GC was issued.  

I would address both errors on the I-90.

[Crazy Cat 41,982]

5 minutes ago, SebastianOs said:

Thanks for the reply!

 

I think I read it somewhere on a Facebook group for AOS, they're saying some may get lucky some won't so it's case to case basis. But, now I remembered reading it on USCIS website (thanks for reminding me BTW) before about getting 10 years GC when married more  than 2 years. 

 

I didn't provide much details on my post but we did submitted I-90 form on  August 2021 but until now still pending in review. I don't know if I should wait for that or we should just apply now for ROC before it expires on August this year.

We cannot give accurate advice when you don't give us all the information.  However, you stated "We didn't bother to call USCIS."

I'm out.  Good luck.....

(I would not submit an I-751 package unless it was actually required).

Edited July 16, 2022 by Crazy Cat