Summary of INFOPASS appointment to advise that I have been issued unconditional F21 status (with 10 yr GC) despite being married less than 2 years

[NewToAmerica 1]

Ok - I have an interesting update on this further to my previous thread.

I had an INFOPASS appointment at Providence, RI, and took along my marriage certificate, all my paperwork/application forms, and also a printout of the relevant page from the INA that states a spouse of a USC or LPR married less than two years at the time of admission or AOS should be conditional. The IO was extremely friendly and helpful and after checking the regulations himself agreed that I should have status C21 (Spouse of a Permanent Resident - conditional) instead of F21 (Spouse of a Permanent Resident). He set about the process to change my status in the system to C21, and he said he is notarizing my file to state that I am indeed a conditional resident and that I have pro actively brought this to USCIS's attention in person (he said this would look good when I apply for naturalization under the 'good moral character' heading!).

He then said that there was no need to send my card back to get it changed as what mattered was what was held in their system, not what appears on the card. He said that I should ensure that I apply for ROC 90 days before the two year expiration date. I expressed concern about having an incorrect card but he said it doesn't matter at all as it what the actual system says that matters. He said I could apply to change the card if I so wished, but that it wasn't worth the hassle and the waiting for a new card and that to be honest it saves resources and money for USCIS. He said that when I apply for ROC they would see that I am a conditional resident under C21 and they would adjudicate the application accordingly. He said that they would know why my card says 10 years and F21 because he has noted it on the system, so it won't confuse them.

He then prepared a letter (typed it out there and then!) on USCIS headed paper that confirms my conditional status, the category (C21), the date my status expires, the date in which I should apply for ROC from, and the fact that I am holding a valid Permanent Resident Card, but with an incorrect status code and expiry date, and finally that I had brought this error to USICS's attention in person, with the date, time, and his name and agent ID!

AND....I even got offered a coffee! WOW!

So, there you have it. I am changed to conditional status in the system, but don't need to change my Green Card over.

Oh, and apparently the agent said that this was the preferred method by USCIS in these cases, rather than i) applying to change the card, and ii) leaving everything as it is and then applying for ROC with incorrect unconditional status (as this confuses USCIS and causes delays and more paperwork).

Sorted!

Edited July 1, 2014 by NewToAmerica

[Harpa Timsah 13,258]

Sorry, I disagree. People have reported many problems when they do not change their cards. I read a case where at ROC time, the person sent in their 10-year GC, explaining it was really a 2-year GC. It was rejected repeatedly at the Service Center, and the person kept getting the package sent back. Eventually they were over the deadline, and when that happens LPR status is automatically cancelled and removal proceedings are initiated.

You should send your card back to USCIS for a new one, with no fee, based on USCIS error, and get a I-551 stamp in your passport.

Good luck.

[NewToAmerica 1]

Sorry, I disagree. People have reported many problems when they do not change their cards. I read a case where at ROC time, the person sent in their 10-year GC, explaining it was really a 2-year GC. It was rejected repeatedly at the Service Center, and the person kept getting the package sent back. Eventually they were over the deadline, and when that happens LPR status is automatically cancelled and removal proceedings are initiated.

You should send your card back to USCIS for a new one, with no fee, based on USCIS error, and get a I-551 stamp in your passport.

Good luck.

Well I suppose getting a new card won't do any harm. My endorsed visa acts as a temporary I-551 anyway and is good for another 10 months, so it's no big deal to send the card back and then at least I will have complete peace of mind then!

[sbai2000 31]

I'm with Harpa on this... I wouldn't trust "the system" one bit - especially since you obtained your GC through an LPR and not a USC. You have so much less protections.....I would get a new card.

Edited July 1, 2014 by sbai2000

[vkrishn 97]

Well I suppose getting a new card won't do any harm. My endorsed visa acts as a temporary I-551 anyway and is good for another 10 months, so it's no big deal to send the card back and then at least I will have complete peace of mind then

I have the same problem and the IO at infopass told me that the Visa in the passport that my wife came with is no longer valid once the actual card was produced and sent to us. We were told to return the card, file I-90 with it and wait for the new one that has validity for 2yrs and category changed to C21. This is the right way to go after talking to three IO's (Two at infopass) and one over the phone.

Once you send the card and get a receipt for the I-90, you need to head back to USCIS office to get a I551 stamp in your passport which will be valid until you get the correct card back.

I have also called USCIS and spoke to Tier 2 Immigration Officer and got the same response. I will be sending the card soon with I-90.

Edited July 1, 2014 by vkrishn

[apple21 953]

I have the same problem and the IO at infopass told me that the Visa in the passport that my wife came with is no longer valid once the actual card was produced and sent to us. We were told to return the card, file I-90 with it and wait for the new one that has validity for 2yrs and category changed to C21. This is the right way to go after talking to three IO's (Two at infopass) and one over the phone.

Once you send the card and get a receipt for the I-90, you need to head back to USCIS office to get a I551 stamp in your passport which will be valid until you get the correct card back.

I have also called USCIS and spoke to Tier 2 Immigration Officer and got the same response. I will be sending the card soon with I-90.

Since I already returned my GC, should I get a new i551 stamp too? I thought our visa/i551 would still be valid for 1 year from date of POE.

[vkrishn 97]

Since I already returned my GC, should I get a new i551 stamp too? I thought our visa/i551 would still be valid for 1 year from date of POE.

That is what i was told during Infopass at USCIS office. Once i submit the I-90 and get the receipt, we need to go back to USCIS office and get a stamp in my wife's passport if she wants to either travel outside U.S and come back or use it for employment purposes.

[apple21 953]

That is what i was told during Infopass at USCIS office. Once i submit the I-90 and get the receipt, we need to go back to USCIS office and get a stamp in my wife's passport if she wants to either travel outside U.S and come back or use it for employment purposes.

I see. I don't have plans of traveling outside the US and I have a job already.

Thanks for the info!