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10years Greencard received even if I entered US before 2years of marriage

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2 hours ago, Neonred said:

This is a bit like what we went through.  My wife came on a K-1 and her (first) green card was a 10 year.  We inquired and jumped through hoops only to be told we didn't need to remove conditions.  We decided to just go with it.  There was never an issue at naturalization.

I guess thats the answer i was looking for…also, when i received green card it was almost 2years like 3days less in 2yrs and I read that sometimes they do consider that and issue a 10yr GC if its close to 2yr anniversary. 

 

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8 minutes ago, Girl-S said:

I guess thats the answer i was looking for…also, when i received green card it was almost 2years like 3days less in 2yrs and I read that sometimes they do consider that and issue a 10yr GC if its close to 2yr anniversary. 

 

They cannot issue 10 year GC by law if you're approved 1 day before 2 year anniversary. Often 10 year GC is issued by mistake, but it's the immigrant who typically is held liable for mistake

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Filed: Citizen (apr) Country: Russia
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15 hours ago, SteveInBostonI130 said:

 

This is confusing.  I will assume that you meant your husband was an LPR and petitioned you as F2A.  If that is correct, your first GC would be for 10 years.  

 

Edit, your first GC should have been 2 years.  This is the first time I saw a situation of someone entering in less than 2yrs of marriage on F2A.

There was a period where the F2A category was current according to the visa bulletin.  So though rare, I suppose there were some folks that this impacted.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Filed: Citizen (apr) Country: Russia
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8 hours ago, OldUser said:

At time of Resident Since date on her GC, were you married for 2 years or less than that?

Yes, married a few weeks when we applied and received card after about 6 or 7 months.

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Filed: Citizen (apr) Country: Taiwan
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9 hours ago, Girl-S said:

I guess thats the answer i was looking for…also, when i received green card it was almost 2years like 3days less in 2yrs and I read that sometimes they do consider that and issue a 10yr GC if its close to 2yr anniversary. 

 

No, they do not.  They have no discretion to do that.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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9 hours ago, Girl-S said:

I guess thats the answer i was looking for…also, when i received green card it was almost 2years like 3days less in 2yrs and I read that sometimes they do consider that and issue a 10yr GC if its close to 2yr anniversary. 

 

 

The date you received your green card isn't relevant. As you were advised back in 2019 it's the marriage length at the date of entry (i.e. the day you become a LPR) that matters. Lots of people delay their entries in to the US for that very reason. You needed to submit a I-90 and then remove conditions.

 

As suggested by others, I'd get it sorted asap before your naturalisation interview. Good luck. 

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Filed: Citizen (apr) Country: Taiwan
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9 hours ago, Girl-S said:

when i received green card it was almost 2years like 3days less in 2yrs

Your timeline states:

 

Marriage: 3/11/2018

US Entry:  12/12/2019

That's about 3 months prior to 2 years of marriage.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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I'm still waiting on my green card and entered around 5 months before my 2 year anniversary. If I get a USCIS slip up 10 year green card, I'll update here. 

 

I personally think this is an error however. Your lawyer shouldn't be so flippant about your worries. It's hard to say what USCIS will do - they may just let the error slide or they may pin it on you if left unreported. I would try and contact them for clarification. 

 

What happened to others users may not fall in the same way for you. 

:us_outlying_islands:    qVrwoIS.gif    :us_outlying_islands:

 

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