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Taya

Filing a documents for permanent GC, if did not get conditional GC

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if anyone encountered such a situation? I have a question- when i need send document for a permanent green card? USCIS rejected my documents for conditional GC by the reason incorrect payment fee. But we paid and USCIS took my check with my name and created the second case for my son. We send all proof. 7 months we trying to prove that we paid, but constantly we get a letters that they can not to help us. We were at the congressman, but he got the same answer. We sent notary copies of the bank, bank statements that shows both of checks with 1070 dollars went to USCIS ... and now they say send to them new 1070 dollars. but I have a question. I have 6 months to 2- years of marriage anniversary. I know that before 90 days i need to file again my documents for unconditional(permanent) green card. Does it make sense to re-apply now for conditional card, If after 3-4 months i will need send documents for unconditional(permanent) green card?

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~~moved to AOS from Family based Visas, from USCIS Service Centers~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I am not sure how to deal with your payment problems BUT the green card you get will be determined when you do your POE. When you enter, if you have already been married 2 years or longer you will get IR-1 which means you will not need to worry about removing conditions after two years of living here. If you enter before you reach your two year anniversary then you will be given a conditional card and have to remove those conditions at the second anniversary of your entry.

So if you are in the middle of your process you just carry on as you are. When you enter your card (2 year or 10 year) will be determined at that time.


I'm also confused about what you're applying for. Your profile says K1. Are you applying for finance visa or spousal????


USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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ok! understand you...thank you for your answer! ...so...i came to USA with my son in 2013/09/4 with visa K-1 and K-2. We marred 2013/11/25. Failed to USCIS for conditional GC 2014/06/17 my son got a biometrics and it was all good, then we got a second invitation for him again. And we got back my doc. becouse they created second case for my son. So they used check with my name and created second case. ...so my question was about after 2015/08/25 opens deadline to send documents for unconditional(permanent) green card for 10 years, so 90 days until November 25 2- years anniversary of marriage .so my question was about make seens to apply before August 25 doc. for 2 x year GC

Edited by Taya

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ok! understand you...thank you for your answer! ...so...i came to USA with my son in 2013/09/4 with visa K-1 and K-2. We marred 2013/11/25. Failed to USCIS for conditional GC 2014/06/17 my son got a biometrics and it was all good, then we got a second invitation for him again. And we got back my doc. becouse they created second case for my son. So they used check with my name and created second case. ...so my question was about after 2015/08/25 opens deadline to send documents for unconditional(permanent) green card for 10 years, so 90 days until November 25 2- years anniversary of marriage .so my question was about make seens to apply before August 25 doc. for 2 x year GC

HI

I think you're confused. to actually remove conditions you have to have a 2 year GC that is expiring. 90 days before the card expires, you have to remove conditions to get a 10 year GC

but it seams that you haven't even gone to an interview, and neither you or your son have a green card yet. So if you have your interview after you have been married for 2 years, you will automatically get a 10 year GC

did your husband file 2 separate adjustment of status packets, one for you as his wife and one for you as his stepson?

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Thanks everybody for attention to my post!! Yes. I did not get 2 year GC, becouse USCIS rejected my doc. and created second case for my son. My son will have interview at 21 Apr. 2015. I have not nothing. We will have 2 years anniversary of marriage - 2015/11/25.. Yes. We sent 2 envelopes in one, we created 2 separate envelopes with doc. for me and son and then we put them into one huge envelope.

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hi

so then you will get a 2 year conditional GC if the interview is before your 2 year anniversary

the removal of conditions will be 90 days before the card expires, which will probably be in 2017

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thank you for your answer!

yes, conditional GC USCIS give for 2 years before 2 year anniversary. They created it to check marriages. .. but after 2 years they do not give a conditional, after 2 years they give constant for 10 years. ..that why it calls the conditional GC because it for time until 2 years marriage

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Taya, you are a little confused. First, you have no legal status in the US as you never got a (conditional) green card. Therefore you cannot remove conditions. Removal of conditions (permanent green card) can be applied for 90 days prior to the date you became a LPR, as listed on the conditional green card, not based on the date of marriage.

If you apply now for a green card you will receive a 2 year conditional card and will not apply for permanent card for 2 years. You can wait until after 2015/11/25 and you will likely get a 10 year green card.


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thank you Neonred for your answer!

yes, i understand all processes issuing cards. ...conditional card for 2 years, permanent card for 10 years.. ..so my question was ..Do I have to wait August and send after August 25 documents for 10 years GC....and i think yes...because..now almost April. November 25 will be 2 years of marriage. so I think do not have time to get a conditional 2 years card (because processes takes 5-7 months) and in August 25 deadline for new documents... and when my son got a work permit so they sent a wrong card with a photo of a another person, we had to write them a letter and sending back and after 1.5 months we received the card. and now his interview is scheduled for April 21

but before we have received an invitation to an interview to Denver March 18. ..and we arrived to Denver..6 hour drive... but it turned out he did not have an interview, they did not plan an interview.
Edited by Taya

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I don't think you understand the process. You can get the 10 year GC if you came in on the IR-1 visa and were married for more than 2 years at the POE.

You came in on a K-1 visa and were only entitled to a 2 year GC. The sooner you get that GC the better. Apply now and stop trying to "cheat the system" by waiting.

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So... You applied AOS both you (K-1) and son (K-2) together with correct fee (1070 + 1070).

USCIS cashed both checks. But USCIS is proceeding only your son's case and you haven't gotten anything from them for your case? (Do I understand correctly? Your post make me confused a bit...)

Have you tried to show proof at the infopass? Or just calling, e-mailing and mailing?

You need to apply ROC with a conditional GC. If you don't have it, you don't have a condition to remove (can't apply I-751)... Nothing to do with your 2 year marriage anniversary.

Wrong person's EAD for your son, false interview letter...? Something is wrong with your case for sure!

Sorry, but you need to fix your problem right now and your AOS case gets going on!

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