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Green Card Approved but with conditions

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I have post this elsewhere

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 post elsewhere.

Rich

K1- Fiancee visa Petition
07/14/03 - Sent Fiance K-1 petition to TSC.
03/01/04 - Visa APPROVED in 231 days
04/22/04 - We got MARRIED
I-485 AOS & EAD
05/26/04 - EAD1 and AOS forms sent to Atlanta District Office
06/26/04 - Biometrics
08/03/04 - EAD1 Approved
12/18/04 - RFE AOS Application
05/13/05 - EAD2 Applied for
07/22/05 - EAD2 Approved
09/19/05 - AOS Application transfered to CSC
04/22/06 - Married 2 years
05/22/06 - EAD3 Applied for
05/22/06 - AOS Approved in 726 Days
I-751 Removal of Conditions
03/04/08 - Application sent to TSC
03/08/08 - Application Received
03/12/08 - Check cashed
03/20/08 - Transfered to VSC
04/19/08 - Biometrics taken
05/02/08 - Infopass app @ Atlanta Passport stamped for 1yr
02/23/09 - Green Card Ordered
02/26/09 - APPROVAL Email (361 Days)
02/28/09 - Green Card arrived!

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Filed: AOS (pnd) Country: India
Timeline

You finished two years of marriage on 4/22/06 and your AOS was approved on 5/23/06 so seems like an error on the part of USCIS. You could try infopass or consult with an attorney.

"Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status."

K1

06-04-05 Met my fiancee in London

08-20-05 Engagement in Manchester, UK

09-07-05 Filed for I-129F

09-14-05 I-129F NOA1 Receipt

10-11-05 I-129F NOA2 Approved

10-13-05 NVC mails petition to US embassy in London

11-07-05 Received packet from US embassy

01-12-05 Medical Examination

02-03-06 Interview Date

02-06-06 Visa Received

03-10-06 U.S. Entry at Newark Liberty Intl.

AOS

04-03-06 Got Married

04-11-06 Picked up Marriage Certificate

04-13-06 Applied for Social Security

04-15-06 Went to Civil Surgeon's for I-693A

04-17-06 Picked up I-693A from Civil Surgeons

04-19-06 Received Social Security card

04-22-06 Sent AOS package

05-04-06 Checks cashed for AOS and EAD

05-06-06 NOA1 received for AOS and EAD

05-13-06 AOS and EAD touched

05-15-06 Appt. letter for Biometrics

05-20-06 Biometrics Appointment

05-25-06 AOS and EAD touched

07-20-06 EAD Approved

07-25-06 EAD received in mail

07-27-06 Notice for interview

09-26-06 AOS Approved

114952351596656.gif

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Filed: K-1 Visa Country: Canada
Timeline

Congrats on finally getting the GC!!!

You definitely should have received the 10-year GC, not the 2-year one. What is the "effective date" on your GC? If it is more than two years from your wedding date, I would get an InfoPass appointment and see what they say.

Good luck.

"THE SHORT STORY"

KURT & RAYMA (K-1 Visa)

Oct. 9/03... I-129F sent to NSC

June 10/04... K-1 Interview - APPROVED!!!!

July 31/04... Entered U.S.

Aug. 28/04... WEDDING DAY!!!!

Aug. 30/04... I-485, I-765 & I-131 sent to Seattle

Dec. 10/04... AOS Interview - APPROVED!!!!! (Passport stamped)

Sept. 9/06... I-751 sent to NSC

May 15/07... 10-Yr. PR Card arrives in the mail

Sept. 13/07... N-400 sent to NSC

Aug. 21/08... Interview - PASSED!!!!

Sept. 2/08... Oath Ceremony

Sept. 5/08... Sent in Voter Registration Card

Sept. 9/08... SSA office to change status to "U.S. citizen"

Oct. 8/08... Applied in person for U.S. Passport

Oct. 22/08... U.S. Passport received

DONE!!! DONE!!! DONE!!! DONE!!!

KAELY (K-2 Visa)

Apr. 6/05... DS-230, Part I faxed to Vancouver Consulate

May 26/05... K-2 Interview - APPROVED!!!!

Sept. 5/05... Entered U.S.

Sept. 7/05... I-485 & I-131 sent to CLB

Feb. 22/06... AOS Interview - APPROVED!!!!! (Passport NOT stamped)

Dec. 4/07... I-751 sent to NSC

May 23/08... 10-Yr. PR Card arrives in the mail

Mar. 22/11.... N-400 sent to AZ

June 27/11..... Interview - PASSED!!!

July 12/11..... Oath Ceremony

We're NOT lawyers.... just your average folks who had to find their own way!!!!! Anything we post here is simply our own opinions/suggestions/experiences and should not be taken as LAW!!!!

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Congrats on finally getting the GC!!!

You definitely should have received the 10-year GC, not the 2-year one. What is the "effective date" on your GC? If it is more than two years from your wedding date, I would get an InfoPass appointment and see what they say.

Good luck.

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

K1- Fiancee visa Petition
07/14/03 - Sent Fiance K-1 petition to TSC.
03/01/04 - Visa APPROVED in 231 days
04/22/04 - We got MARRIED
I-485 AOS & EAD
05/26/04 - EAD1 and AOS forms sent to Atlanta District Office
06/26/04 - Biometrics
08/03/04 - EAD1 Approved
12/18/04 - RFE AOS Application
05/13/05 - EAD2 Applied for
07/22/05 - EAD2 Approved
09/19/05 - AOS Application transfered to CSC
04/22/06 - Married 2 years
05/22/06 - EAD3 Applied for
05/22/06 - AOS Approved in 726 Days
I-751 Removal of Conditions
03/04/08 - Application sent to TSC
03/08/08 - Application Received
03/12/08 - Check cashed
03/20/08 - Transfered to VSC
04/19/08 - Biometrics taken
05/02/08 - Infopass app @ Atlanta Passport stamped for 1yr
02/23/09 - Green Card Ordered
02/26/09 - APPROVAL Email (361 Days)
02/28/09 - Green Card arrived!

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Filed: Other Timeline

which is a load of bullpuckies, I got my first card and its a 10 year because my hubby and I had been married well over 2 years at our interview.

Make an infopass appointment and speak directly with someone who actually knows what's going on. Very rarely do the people who answer the phones on the mis-information line give correct answers.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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You got a 2-year conditional green card probably because you were approved without interview.

Just my 2 cents though.

08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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Filed: Timeline

Rich,

There is some ambiguity in the INA and it's been a known issue for a long time. There is at least one, possibly a few, local offices that take the position that a K1 gets conditional status no longer how long they've been married when LPR status is granted. Do a Google search of the Usenet newsgroup <alt.visa.us.marriage-based> for posts by Folinskyinla on the subject.

This is the first time I've heard of this happening in cases decided at the CSC without interview, so maybe it is a mistake rather than an interpretation of law in your case. You can try making an InfoPass applointment at your local USCIS office (hope that your's isn't one of those that gives conditional status to all K1s). You can try submitting an I-90 on the basis that a mistake was made.

Or you can wait 21 months and apply for removal of conditions.

Yodrak

Congrats on finally getting the GC!!!

You definitely should have received the 10-year GC, not the 2-year one. What is the "effective date" on your GC? If it is more than two years from your wedding date, I would get an InfoPass appointment and see what they say.

Good luck.

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

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Filed: Country: United Kingdom
Timeline

Considering the cost of a replacement card and/or the wait (one year) even if they don't charge you, the $205 fee for I-751 looks like a fair trade.

Several people have reported trying to get this error corrected, usually with no good result.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Citizen (apr) Country: Canada
Timeline

Why don't you try an email request to CSC asking them why you received a 2 year card instead of the 10 year card since you had celebrated your 2nd anniversary by the time they approved your application. Since they are the ones who made the decision perhaps they can explain it. Good luck.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Why don't you try an email request to CSC asking them why you received a 2 year card instead of the 10 year card since you had celebrated your 2nd anniversary by the time they approved your application. Since they are the ones who made the decision perhaps they can explain it. Good luck.

Kathryn41

Do you have the email address or where can i find it. I am considering making an infopass app.

Rich

K1- Fiancee visa Petition
07/14/03 - Sent Fiance K-1 petition to TSC.
03/01/04 - Visa APPROVED in 231 days
04/22/04 - We got MARRIED
I-485 AOS & EAD
05/26/04 - EAD1 and AOS forms sent to Atlanta District Office
06/26/04 - Biometrics
08/03/04 - EAD1 Approved
12/18/04 - RFE AOS Application
05/13/05 - EAD2 Applied for
07/22/05 - EAD2 Approved
09/19/05 - AOS Application transfered to CSC
04/22/06 - Married 2 years
05/22/06 - EAD3 Applied for
05/22/06 - AOS Approved in 726 Days
I-751 Removal of Conditions
03/04/08 - Application sent to TSC
03/08/08 - Application Received
03/12/08 - Check cashed
03/20/08 - Transfered to VSC
04/19/08 - Biometrics taken
05/02/08 - Infopass app @ Atlanta Passport stamped for 1yr
02/23/09 - Green Card Ordered
02/26/09 - APPROVAL Email (361 Days)
02/28/09 - Green Card arrived!

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Filed: Citizen (apr) Country: Canada
Timeline

Sure,

csc-xii.485@dhs.gov

be sure to include your file number, you A number and any pertinent information in the email itself.

Good luck!

Kathryn

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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I conditionally congratulate you!!!!!

"The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. It is a sign that the U.S. Government can’t pay its own bills. It is a sign that we now depend on ongoing financial assistance from foreign countries to finance our Government’s reckless fiscal policies."

Senator Barack Obama
Senate Floor Speech on Public Debt
March 16, 2006



barack-cowboy-hat.jpg
90f.JPG

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Filed: Timeline

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.

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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.

Yes you would be right that i am lucky to get a green card whether it is 2yr or a 10yr. What i was getting was the inconsistency of the immigration service. As I am sure that all of us are aware it that it is a expensive and time consuming process and if we can try and get it done with less expense and time, which we should have a right then we should exercise it. They have already taken $180 in feesfrorm me for an EAD which when it will be approved will be meaningless because i have got a green card.

K1- Fiancee visa Petition
07/14/03 - Sent Fiance K-1 petition to TSC.
03/01/04 - Visa APPROVED in 231 days
04/22/04 - We got MARRIED
I-485 AOS & EAD
05/26/04 - EAD1 and AOS forms sent to Atlanta District Office
06/26/04 - Biometrics
08/03/04 - EAD1 Approved
12/18/04 - RFE AOS Application
05/13/05 - EAD2 Applied for
07/22/05 - EAD2 Approved
09/19/05 - AOS Application transfered to CSC
04/22/06 - Married 2 years
05/22/06 - EAD3 Applied for
05/22/06 - AOS Approved in 726 Days
I-751 Removal of Conditions
03/04/08 - Application sent to TSC
03/08/08 - Application Received
03/12/08 - Check cashed
03/20/08 - Transfered to VSC
04/19/08 - Biometrics taken
05/02/08 - Infopass app @ Atlanta Passport stamped for 1yr
02/23/09 - Green Card Ordered
02/26/09 - APPROVAL Email (361 Days)
02/28/09 - Green Card arrived!

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:dance: Congrats on your GC!

threemonths09.jpg?t=1272087150Princess-Threemonthsold007-2.jpg?t=1271837591threemonths01-1.jpg?t=1272086957

Our Princess have her first tooth at five months of age.

fEdIm5.png?J2iWLNZY

I-130 (IR-5) Petitions for my Mom and Dad

*06-08-2010---Petition will send on this date???

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