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timhber

10 Years Green Card

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Hello Everybody,

My wife will receive a 10 years Green Card in the mail within 3 weeks from now. :dance: I was wondering which process to file after she receives her Green Card.

1.) Does she has to apply the Remove the Conditions of Residence(Form I-751) within the 90 days on the 2nd year from the date she got her green card?

2.) Can she skips the Remove the Conditions of Residence process and applies for the US Citizen (Form N-400) after 3rd year of our marriage?

3.) Does USCIS gives K-1 visa holders a 10 years Green Card? I thought K1 visa holders are suppose to receive 2 years instead of 10 years. I was hoping I am wrong. My wife came here with a K-1 visa and I don't understand why she will receive a 10 years Green Card.

Thank you!

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Hello Everybody,

My wife will receive a 10 years Green Card in the mail within 3 weeks from now. :dance: I was wondering which process to file after she receives her Green Card.

1.) Does she has to apply the Remove the Conditions of Residence(Form I-751) within the 90 days on the 2nd year from the date she got her green card?

2.) Can she skips the Remove the Conditions of Residence process and applies for the US Citizen (Form N-400) after 3rd year of our marriage?

3.) Does USCIS gives K-1 visa holders a 10 years Green Card? I thought K1 visa holders are suppose to receive 2 years instead of 10 years. I was hoping I am wrong. My wife came here with a K-1 visa and I don't understand why she will receive a 10 years Green Card.

Thank you!

Conditional Permanent Residence is granted with a two year card--unless the visa holder has been married for more than two years, in which case a 10 year card is given. She would not need to apply for something she already has--apparently she is without condition because the 10 year card is without condition.

She may only apply for U.S. citizenship 90 days before attaining the third anniversary of her permanent residence.

I don't understand why the 10 year card either.

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My wife will also have a 10 year Green card in a few weeks and its because we have been married for 2 years from when the card is produced, waiting to file for AOS for 1 year isnt always a bad thing i guess.

I have to say when it started getting close to 2 years being married i wasnt in such a hurry to send those RFE's back, took my sweet time (last day) finding a sponsor.

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imho from a legal stand point, I think its a good idea to file the AOS as soon as possible, that way your now wife or husband can have more freedom, contribute if she/he wants, as well as being able to prove her/his legal right to be here, even if it is a 2 year card. And with the immigration laws & fees changing the way they do, who knows what will be next. Just my opinion

However, congratulations to anyone that is able to recieve their 10 year card !

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Yeah lets talk about fees like the few hundred more it costs to adjust to permanent residence ( 10 year card), and from a legal stand point , my wife was here legaly the whole time, i chose to wait, legally chose to wait, and the rights and freedoms you talked bout i used those to choose to wait, and now i dont have to deal with the goverment again.

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If your spouse intends to work, vote , go to school here in the US or bring more relatives here, then yes filing right away makes sense cause you want all those dates to start as early as possible, but if your spouse has no intention of working or going to school for a few years then waiting is an option, i agree that changes in the fees/laws could play a role but its not like those are passed over night, much warning is given and so filing before those laws/fees took affect would be very easy.

Bottom line is know your rights and use them to the fullest, be a wolf not a sheep!

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Hello Everybody,

My wife will receive a 10 years Green Card in the mail within 3 weeks from now. :dance: I was wondering which process to file after she receives her Green Card.

1.) Does she has to apply the Remove the Conditions of Residence(Form I-751) within the 90 days on the 2nd year from the date she got her green card?

If the marriage is less than 2 years old when the AOS was approved, yes, she needs to file to remove conditions within the 90 days prior to the 2nd anniversary of approval, even if she has a 'ten' year card.

2.) Can she skips the Remove the Conditions of Residence process and applies for the US Citizen (Form N-400) after 3rd year of our marriage?

Only if the marriage is more than 2 years old when the AOS is approved. She would then be able to file for citizenship 90 days prior to the third anniversary of the AOS approval, not the third year of the marriage. If your marriage was less than 2 years old when the AOS was approved you can't skip the Removal of Conditions even if they made the mistake and gave a ten year card.

3.) Does USCIS gives K-1 visa holders a 10 years Green Card? I thought K1 visa holders are suppose to receive 2 years instead of 10 years. I was hoping I am wrong. My wife came here with a K-1 visa and I don't understand why she will receive a 10 years Green Card.

A ten year card is given if, when the AOS is approved, the marriage is more than two years old. If the marriage is less than two years old at the time of approval, then a 2 year conditional card is given. If you have received a ten year card and should have received a 2 year card, then you will still have to remove conditions in 2 years, even though they made the mistake. If your marriage is less than 2 years old, make an appointment at the USCIS office closest to you and ask them to correct the card. Unfortunately, just getting the 10 year card when you should have received a 2 year card does not exempt you from filing the Removal of Conditions. It is the legislation that states the residency is conditional, not the card itself, so if the card is wrong, the legislation is still in effect. Eventually, it would come back to 'haunt' you, and USCIS is not very understanding even when it is their mistake.

Thank you!

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Hello Everybody,

My wife will receive a 10 years Green Card in the mail within 3 weeks from now. :dance: I was wondering which process to file after she receives her Green Card.

1.) Does she has to apply the Remove the Conditions of Residence(Form I-751) within the 90 days on the 2nd year from the date she got her green card?

If the marriage is less than 2 years old when the AOS was approved, yes, she needs to file to remove conditions within the 90 days prior to the 2nd anniversary of approval, even if she has a 'ten' year card.

2.) Can she skips the Remove the Conditions of Residence process and applies for the US Citizen (Form N-400) after 3rd year of our marriage?

Only if the marriage is more than 2 years old when the AOS is approved. She would then be able to file for citizenship 90 days prior to the third anniversary of the AOS approval, not the third year of the marriage. If your marriage was less than 2 years old when the AOS was approved you can't skip the Removal of Conditions even if they made the mistake and gave a ten year card.

3.) Does USCIS gives K-1 visa holders a 10 years Green Card? I thought K1 visa holders are suppose to receive 2 years instead of 10 years. I was hoping I am wrong. My wife came here with a K-1 visa and I don't understand why she will receive a 10 years Green Card.

A ten year card is given if, when the AOS is approved, the marriage is more than two years old. If the marriage is less than two years old at the time of approval, then a 2 year conditional card is given. If you have received a ten year card and should have received a 2 year card, then you will still have to remove conditions in 2 years, even though they made the mistake. If your marriage is less than 2 years old, make an appointment at the USCIS office closest to you and ask them to correct the card. Unfortunately, just getting the 10 year card when you should have received a 2 year card does not exempt you from filing the Removal of Conditions. It is the legislation that states the residency is conditional, not the card itself, so if the card is wrong, the legislation is still in effect. Eventually, it would come back to 'haunt' you, and USCIS is not very understanding even when it is their mistake.

Thank you!

This advice is wrong. My wife received the 10 year green card and I had to do a lot of checking to find out, including an infopass. Turns out we are OK with the 10 year card. There are others I have talked to (all that went through Miami) that also got a 10 year card. Seems like we were interviewed by the right guy on the right day or something. They told me we don't have to remove any conditions.

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Here is the exert from the Field Adjudicators' Manual identifying the process:

23.5. (F) Fiancé(e) Adjustment Cases . While K-1 and K-2 aliens adjust under section 245 of the Act, they are also subject to the provisions of section 216 of the Act. Accordingly, the adjusting alien becomes a conditional permanent resident, unless the marriage between the adjustment applicant and the petitioning fiancé(e) is at least 2 years old at the time adjustment is granted. See AFM Chapter 25 for a discussion of the procedures for seeking removal of those conditions.

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

Unfortunately, chapter 25.1 is not available online for consultation. Chapter 25.2, which discusses removal of condition for employment based immigrants, makes reference to the fact that that if someone receives a non-conditional status by error and goes on to apply for citizenship, then they will have to re-address the error and correct it before there can be any further action. I suspect that chapter 25.1 has a similar statement but do not know for sure. As this situation is a procedural and not a policy one, it is not likely to be addressed in the actual legislation.

also 21.3 (K) Immigration Marriage Fraud Amendments of 1986 . In an effort to deter immigration-related marriage fraud, Congress passed the Marriage Fraud Amendments of 1986 on November 10, 1986. This legislation had a major effect on the adjudication of relative petitions, including:

• In many cases, certain conditions had to be met prior to the acceptance or approval of certain petitions on behalf of spouses (see paragraphs (L) and (M).

• Criminal penalties were added or enhanced for individuals who were convicted of having engaged in a fraudulent marriage.

• An alien’s lawful permanent residence is “conditional” if the qualifying marriage occurred less than 2 years prior to the alien’s immigration or adjustment. The provision requires that a conditional resident alien seek removal of the conditional basis of the residence shortly before the second anniversary of the date on which he or she immigrated or adjusted (see Chapter 25 regarding removal of conditions).

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

and here is an amendment to 25.1 - it is worth reading the whole thing. It advises adjudicators to take careful note of the date of marriage as a conditional greencard may be issued by mistake. Although it doesn't state so, it is also therefore understood that an unconditional greencard can also be issued by mistake:

Note: It is extremely important that inspectors and adjudicators be very conscious of the date of the marriage at the time the alien is admitted or adjusted. It is not unusual for an alien to be issued a conditional resident immigrant visa by a consular officer shortly before the second anniversary, but to apply for admission after that second anniversary. Likewise, an applicant for adjustment might file a Form I-485 (or even be interviewed regarding such application) prior to the second anniversary, but not be granted adjustment until after that second anniversary. In such cases, the alien should be admitted, or adjusted, without conditions (see 8 CFR 235.11(B) regarding the authority of inspectors to amend the visa classification on an immigrant visa in such situations).

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

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Neonred, if your marriage is not two years old when your AOS was approved, even though you got the 10 year card, your card is in error. You have not yet reached the time of applying for citizenship when such an error is likely to be discovered. Just because the error has not yet been discovered does not mean that it is alright. By legislation passed by Congress marriages less than 24 months are only eligible to have a Conditional Green Card and are not exempt from applying to remove conditions. Here is the legislation:

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

INA: ACT 216 - CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGHTERS

Sec. 216. [8 U.S.C. 1186a]

(a) In general.-

(1) Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse (as defined in subsection (g)(1)) and an alien son or daughter (as defined in subsection (g)(2)) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.

and

(g) Definitions.-In this section:

(1) The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)-

( A) as an immediate relative (described in section 201( B ) ) as the spouse of a citizen of the United States,

( B ) under section 214(d) as the fiancee or fiancé of a citizen of the United States, or © under section 203(a)(2) as the spouse of an alien lawfully admitted for permanent residence, by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of section 203(d).

Edited by Kathryn41

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Oh yes, the initial determination was not made by one of those know nothings that says " I'll submit this for approval and you will get our decision in the mail". Got a firm "approved" and I-551 on the spot from our interviewer.

Went through all the worrying and comments from others but we followed up and know we are OK.

BUT, that was just our experience. Others may have different experiences.

I do wonder how the OP knows they are receiving a 10 year green card before it arrives.

Edited by Neonred

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Oh yes, the initial determination was not made by one of those know nothings that says " I'll submit this for approval and you will get our decision in the mail". Got a firm "approved" and I-551 on the spot from our interviewer.

Went through all the worrying and comments from others but we followed up and know we are OK.

BUT, that was just our experience. Others may have different experiences.

I do wonder how the OP knows they are receiving a 10 year green card before it arrives.

We got the welcome Fiance(e) adjustment COA: IRO letter in the mail. In the letter it said that we will soon mail you a new Permanent Resident Card and that we should receive it within the next 3 weeks. On letter it also said your new card will expire in ten years. I know we did not receive the green card and I don't know what the expiration date on the green card right now. I hope they will send us the 2 years greed card instead. I believe we should not receive the 10 years green card because we only married about 5 months. If we receive a 10 years green card, I think we have to go to our local USCIS office and ask them if they gave us the correct green card or not.

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