Green Card Approved but with conditions

[ramc75 0]

I finally recieved my green card yesterday after wait ing exactly 2 years. The green card that they have sent is a 2 yr conditional one. My question is this, my card was approved with out interview by the California SC and we have been married over two years on the date of approval so shouldn't the green card be a full 10 yrs. Can anyone help or do I need to ppst elsewhere.

Rich

[Euro 3]

Yes it should be a 10 year card..................you should question it

[Cdnwmn 0]

I ran into this situation back in July 2004 with our Boise, Idaho office. My approval date was July 7; I had been married July 1, 2002. I went back into the office with my card and marriage certificate, pointed out they had made a mistake and that I should have received the 10 year card. They told me basically they had the right to issue the 2 year card as nowhere in the law does it clearly state in black and white that after a 2 year marriage do they legally have to issue a 10 year card. They had run into this situation in the past, had checked with their lawyer on it and he told them they were within the right to issue the 2 year card so until there was something clearly written in black and white, they will keep issuing the 2 year card first no matter the length of marriage. The Supervisor also told me she was aware other immigration offices do issue a 10 year card after a 2 year marriage.

Take your card back to the office and question them about it, you might just get lucky.

[ramc75 0]

I ran into this situation back in July 2004 with our Boise, Idaho office. My approval date was July 7; I had been married July 1, 2002. I went back into the office with my card and marriage certificate, pointed out they had made a mistake and that I should have received the 10 year card. They told me basically they had the right to issue the 2 year card as nowhere in the law does it clearly state in black and white that after a 2 year marriage do they legally have to issue a 10 year card. They had run into this situation in the past, had checked with their lawyer on it and he told them they were within the right to issue the 2 year card so until there was something clearly written in black and white, they will keep issuing the 2 year card first no matter the length of marriage. The Supervisor also told me she was aware other immigration offices do issue a 10 year card after a 2 year marriage.

Take your card back to the office and question them about it, you might just get lucky.

I have just called the USCIS and wasted an hour of my life. They said it didn't matter how long i had been married the first Green card is conditional.

Rich

[Cdnwmn 0]

I ran into this situation back in July 2004 with our Boise, Idaho office. My approval date was July 7; I had been married July 1, 2002. I went back into the office with my card and marriage certificate, pointed out they had made a mistake and that I should have received the 10 year card. They told me basically they had the right to issue the 2 year card as nowhere in the law does it clearly state in black and white that after a 2 year marriage do they legally have to issue a 10 year card. They had run into this situation in the past, had checked with their lawyer on it and he told them they were within the right to issue the 2 year card so until there was something clearly written in black and white, they will keep issuing the 2 year card first no matter the length of marriage. The Supervisor also told me she was aware other immigration offices do issue a 10 year card after a 2 year marriage.

Take your card back to the office and question them about it, you might just get lucky.

I have just called the USCIS and wasted an hour of my life. They said it didn't matter how long i had been married the first Green card is conditional.

Rich

I'm sorry to hear it worked out that way. So there are other ones out there that deal with it the same way Boise does. It really sucks.

[eau_xplain 2]

Rich,

I think the reason you got a 2-year conditional green card is because you were approved without interview.

[meauxna 15]

There are some offices that have the policy "enter on a K-1 always = 2-year card" regardless of marriage date.

You can try to fight City Hall on it, or let it go and figure that the eventual $205 fee is worth not trying to fight City Hall.

[dmartmar 1]

What difference does getting a 2 year vs. a 10 year GC make to you, when the USCIS was gracious enough to even give you one in the first place w/o having an interview? You should be glad and consider yourself one of the few lucky ones!

Instead of calling to question their decision behind your GC privilege, you should've thanked them.

[lucyrich 19]

Yep, there's a legal basis for them issuing a conditional green card to anyone who entered via a K-1 and adjusted status. See INA 245 (d)

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K).

As is often the case, the whole body of law is somewhat ambiguous and contradictory. If you search, you can find other paragraphs of the law that seem to allow a 10 year unconditional card if the marriage was 2 years old at the time AOS was completed, so there's not universal agreement on what's really intended. But the above paragraph, read literally, clearly says that the adjustment of someone originally admitted via a K-1 visa must always be to conditional LPR status. At least some offices take those words at their literal meaning.

[Cdnwmn 0]

See my post under "It never fails...." Apparently Nebraska (who I filed with) does not agree with Boise giving me a 2 year card (back in July 2004) after I had been married over 2 years at time of approval. I have made an InfoPass to see an immigration office at Boise as per the instructions by Nebraska. I had just sent all my paperwork in to have conditions removed with Nebraska last month.