10 Years Green Card

[timhber 0]

Hello Everybody,

My wife will receive a 10 years Green Card in the mail within 3 weeks from now. 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!

Kathryn41,

I think I will make appointment at our USCIS office if we receive 10 years green card and ask them if it needs corrected. I think it's their mistake and I think it's important that we receive the correct green card even it means a 2 years green card. We need to know if the green card they gave us is valid so we can look forward what to file next. We just want to do what is right and that we will not be sorry or pay the price later. Our conscious tells us that we should receive 2 years green card and that we have to file the Remove the Conditions of Residence since we only married about 5 months.

Does the appointment to your USCIS costs anything? How much they charge for a visit appointment?

Thank you!

[Kathryn41 3,205]

Kathryn41,

I think I will make appointment at our USCIS office if we receive 10 years green card and ask them if it needs corrected. I think it's their mistake and I think it's important that we receive the correct green card even it means a 2 years green card. We need to know if the green card they gave us is valid so we can look forward what to file next. We just want to do what is right and that we will not be sorry or pay the price later. Our conscious tells us that we should receive 2 years green card and that we have to file the Remove the Conditions of Residence since we only married about 5 months.

Does the appointment to your USCIS costs anything? How much they charge for a visit appointment?

Thank you!

Actually, the INFOPASS costs nothing (psst - don't give them any hints! hehehe). You can go to the USCIS website and click on the 'schedule an appointment' from the right hand side and follow the directions. Infopasses are pretty painless - just bring everything with you from your file and you will meet with an Immigration Officer who will review your information. Good luck.

[stevemc 0]

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.

CONGRATULATIONS