I-751 Rejection Notice: “You do not have conditional resident status"

[Thilo 0]

Hi there!

I came on a K-1 visa, got married and received my Green Card shortly after our AOS Interview. However, I was issued a normal 10-year Green Card instead of the conditional 2-year Green Card.

To be on the safe side we filed the I-751 “Removal of Conditions”. We were assuming that an erroneous GC doesn’t change my conditional status- we put together the complete I-751 package and sent it off in the appropriate time window.

Now it starts getting even stranger. Within two weeks the I-751 package was returned to me with a rejection notice saying: “You do not have conditional resident status. Therefore, there is no need to file an I-751”

See scanned PDF of I-751 Rejection Notice…

Well, if the USCIS is telling us I don’t have conditional resident status- what else shall we do???

Four month have gone by and I am starting to get uneasy… what if I am out of status regardless of what the USCIS is telling us? It wouldn’t be the first time they screwed up… I consider getting naturalized this year and I am worried that this will create problems.

Since my 2-year conditional status “expired” in 09/2008 I left the USA twice on my 10-year GC (Germany, China, POE: San Francisco). There were no problems at all when I came back to the US. Not a single question regarding status, no secondary inspection, nothing- just “welcome back”!

Before I my K-1 visa I had a J-1 visa and was working at UC Berkeley for a year. Could this be the reason why I don’t have conditional resident status?

Any ideas? Thanks a lot!

I751_Rejection_Notice.pdf

[Aussielad 37]

make an infopass appointment immediately because you don't want it to bite yo in the bum when you go for naturalization, you have the interview and then things get crazy from there.

So take your whole file with you, from the time you entered up until present, including the letter you received.

It's a mistake on their part for issuing you a10 card accidently and unfortunate for you not knowing any better and unawar of the law, so maybe USCIS will accept the blame for it, who knows....

keep us updated!!!!

[notscenenough 6]

I dont know why you got a 10 year card, but since they gave you one, why argue with them? Enjoy. Or do you miss USCIS that bad? :]

[ELW 5]

I dont know why you got a 10 year card, but since they gave you one, why argue with them? Enjoy. Or do you miss USCIS that bad? :]

Agreed. You do not have conditional status because they accidentally granted you permanent status for 10 years, without conditions. (I have seen several people accidentally get the same thing in my time on VJ.) The fact that you left the country twice and returned is proof you are NOT on any "non-permanent-conditional-status-expired" list. They granted it to you and now they have to accept it (and obviously, they do accept it because they rejected your removing conditions packet). You won't have any problems filing for citizenship. I would say don't rock the boat, but ENJOY!

[milimelo 4,481]

I dont know why you got a 10 year card, but since they gave you one, why argue with them? Enjoy. Or do you miss USCIS that bad? :]

Agreed. You do not have conditional status because they accidentally granted you permanent status for 10 years, without conditions. (I have seen several people accidentally get the same thing in my time on VJ.) The fact that you left the country twice and returned is proof you are NOT on any "non-permanent-conditional-status-expired" list. They granted it to you and now they have to accept it (and obviously, they do accept it because they rejected your removing conditions packet). You won't have any problems filing for citizenship. I would say don't rock the boat, but ENJOY!

I disagree. This could possibly get him in trouble when naturalization time comes. Infopass and see what they tell you and if possible get it in writing nnd then consider congressman's assistance. You did the right thing filing for I-751 you just need to straighten things out either way - either just keeping your 10-year card or having to resubmit your I-751 - did they return your money?

[DanielParul 50]

I disagree. This could possibly get him in trouble when naturalization time comes. Infopass and see what they tell you and if possible get it in writing nnd then consider congressman's assistance. You did the right thing filing for I-751 you just need to straighten things out either way - either just keeping your 10-year card or having to resubmit your I-751 - did they return your money?

The Rejection Notice clearly states - You do not have conditional resident status. Therefore, there is no need to file an I-751

All they need to do is file for Citizenship when eligible. Congressman's assistance, infopass, get it in writing is all making it complicated for yourrself.

The Rejection Notice is the written proof and so is the GC. What are you worried about? I guess the USCIS has made all of us so paranoid that simple things don't seem true

[milimelo 4,481]

I disagree. This could possibly get him in trouble when naturalization time comes. Infopass and see what they tell you and if possible get it in writing nnd then consider congressman's assistance. You did the right thing filing for I-751 you just need to straighten things out either way - either just keeping your 10-year card or having to resubmit your I-751 - did they return your money?

The Rejection Notice clearly states - You do not have conditional resident status. Therefore, there is no need to file an I-751

All they need to do is file for Citizenship when eligible. Congressman's assistance, infopass, get it in writing is all making it complicated for yourrself.

The Rejection Notice is the written proof and so is the GC. What are you worried about? I guess the USCIS has made all of us so paranoid that simple things don't seem true

Well, for starters, USCIS has his entire file - so they will see he came on a K-1 and adjusted status. Don't you think there will be questions for him come the naturalization time - where's your I-751? I'd rather get everything in writing to cover my a$$ in case they do ask.

[Thilo 0]

- did they return your money?

They put their stamp on my check but returned it to me.

I guess I should make an Infopass appointment. It's true- when I file for naturalization they will probably look into my file... and see that I came on a K-1.

Edited January 28, 2009 by Thilo

[golferadam 0]

- did they return your money?

They put their stamp on my check but returned it to me.

I guess I should make an Infopass appointment. It's true- when I file for naturalization they will probably look into my file... and see that I came on a K-1.

If it ain't broke don't fix it.

[imailin 0]

I dont know why you got a 10 year card, but since they gave you one, why argue with them? Enjoy. Or do you miss USCIS that bad? :]

Agreed. You do not have conditional status because they accidentally granted you permanent status for 10 years, without conditions. (I have seen several people accidentally get the same thing in my time on VJ.) The fact that you left the country twice and returned is proof you are NOT on any "non-permanent-conditional-status-expired" list. They granted it to you and now they have to accept it (and obviously, they do accept it because they rejected your removing conditions packet). You won't have any problems filing for citizenship. I would say don't rock the boat, but ENJOY!

I disagree. This could possibly get him in trouble when naturalization time comes. Infopass and see what they tell you and if possible get it in writing nnd then consider congressman's assistance. You did the right thing filing for I-751 you just need to straighten things out either way - either just keeping your 10-year card or having to resubmit your I-751 - did they return your money?

I agree with your disagreement! When the time for naturalization comes around in the interview they will pull out your original AOS application and interview, specially if you are going to be claiming naturalization based on marriage.... I would not risk this... I would strongly recommend you making an infopass... (if they can help…, cause I have seen same ignorant USCIS officers at infopass) be on the safe side....good luck!

[Stella08 0]

What category are you according to your greencard? IR1 or CR1? If you're IR1, you are a legal permanent resident. If it's CR1, then you're a conditional permanent resident and need to remove the condition.

http://travel.state.gov/visa/immigrants/ty...types_2991.html

What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR ( conditional resident ) visa, not an IR ( immediate relative ) visa.

You and your spouse must apply together to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See How Do I Remove the Conditions on Permanent Residence Based on Marriage?

How Long Does It Take?

[milimelo 4,481]

What category are you according to your greencard? IR1 or CR1? If you're IR1, you are a legal permanent resident. If it's CR1, then you're a conditional permanent resident and need to remove the condition.

http://travel.state.gov/visa/immigrants/ty...types_2991.html

What Is Conditional Residence?

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR ( conditional resident ) visa, not an IR ( immediate relative ) visa.

You and your spouse must apply together to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See How Do I Remove the Conditions on Permanent Residence Based on Marriage?

How Long Does It Take?

The OP came on a K-1 visa and later did AOS - since it couldn't have been that they were married for 2 years prior to the interview he should have received a 2-year green card. It seems that USCIS made a mistake and they gave him the 10-year green card. The OP now needs to clear all of this either with USCIS or through congressional inquiry as we all know how *competent people there are.

[3600rs 24]

Looking at the details of the posting, I think this is a procedural mistake accidental made by the USCIS. This is rare but happens.

I would gather all my paperwork, and go for an infopass to get things cleared out.

This ACCIDENTAL blessing of a 10 year green card MAY NOT happen again when you apply for citizenship. On the contrary, citizenship calls for deeper checks, along with an interview, and the whole ACCIDENT may unfold leading to DELAYS, CONFUSION and CHAOS.

Now it would be disastrously FUNNY if USCIS sends you your CITIZENSHIP application back saying that you are ALREADY a citizen.

Edited January 28, 2009 by 3600rs

[Stella08 0]

The OP came on a K-1 visa and later did AOS - since it couldn't have been that they were married for 2 years prior to the interview he should have received a 2-year green card. It seems that USCIS made a mistake and they gave him the 10-year green card. The OP now needs to clear all of this either with USCIS or through congressional inquiry as we all know how *competent people there are.

Thank you. I know that usually you receive a conditional greencard if you've been married for less than two years. But I've seen several cases where people got their 10-year-greencards right after filing AOS after they entered the States on K1. I'm not sure if that happened by mistake or if the USCIS did that on purpose (for whatever reason). My suggestion was to check the category listed on his greencard. It should tell him right there if he's a conditional resident or if he's an immediate relative. Whatever is listed on his greencard should also be what's in the system. And if he applies for citizenship in future, he has the greencard to prove the status he had received from USCIS. I don't think they granted the IR1 status by accident. If this is the status that's on Thilo's greencard and if he has a letter from the USCIS proving that he tried to remove the condition and stating that there are not conditions to be removed, I wouldn't worry about it anymore. He has plenty of evidence in writing that he was granted IR1. Of course, if his greencard lists him as category CR1, then he needs to get this squared away and remove the condition.

[lucyrich 20]

Check the law: INA 216 (a) (1) says that anyone who adjusts status based on a marriage that is less than 24 months old is a conditional permanent resident, regardless of what paperwork they may have. INA 245(d) says that a K-1 holder cannot adjust status to anything other than conditional permanent resident status (regardless of the age of the marriage at the time of adjustment).

It's clear that if you came in on a K-1, married, and adjusted status before your marriage was 2 years old, the law says you are a conditional permanent resident, regardless of what your green card says. If the USCIS made a clerical error and gave you a 10 year green card, that doesn't relieve you of the need to file a petition to remove conditions.

Fortunately, you HAVE filed such a petition, but they haven't accepted it.

The sad fact is that when the USCIS makes a mistake, the immigrant can end up paying for it big time.

I don't know what the correct procedure is here, but I'm firmly in the camp of "don't ignore it". I'd work to get them to accept and adjudicate the I-751. If you don't, you could one day find yourself deportable because you're a conditional permanent resident who didn't complete the removal of conditions process. I'd contact a congressman, immigration attorney, USCIS ombudsman, and/or anyone else you can think of.

Did the back of the letter have any place to write to appeal their decision?