Green Card Approved but with conditions

[Bashorun 1]

I think for the k1, U must get a 2 years green card no matter how long U have been married. Most people who get the 10 years are either k3 visa applicant or have been in the country for another visa benefit that is different from the k1. Please someone correct me if U think am wrong? U know k3 visa is already a two years visa so if U are approved of ur green card around ur second year of marriage then I think U will get the 10 years of green card. That is why I think it is a waste of money for a k3 visa applicant to come into the country and immediately want to adjust to permanent residency. It is of no use, just get ur EAD which will be of 2 years becos it cover the 2 years visa that U got. Just using this medium to educate the k3 visa applicant cos I see so many of them rushing to get the conditional green card as soon as they come into the United States. Don't U think it is a waste of money????

[dmartmar 1]

Yes, you are right in that I was lucky of getting a green card, whether it's for 2 years or 10. What I was getting at were the inconsistencies in Immigration Services.

When you called the 'CIS to inquire about why you had rcv'd a 2-year card instead of a 10 year card; did you also inquire about why your card had been approved w/o an interview?

I'm sure all of us are aware of it being an expensive and time consuming process. If we can try to get it done with less expenses and time, which we should have a right to exercise, then let's do it. They already took $180 from me for the EAD, which will be meaningless to me once it gets approved, since I already have the green card.

Immigrants have the privilege of coming, staying and/or living here, not the right.

I don't understand how you got a GC before an EAD. EADs come first and everything else later.

Paying for an EAD is the right way to do things and needed to legally work in the US.

[Kathryn41 3,205]

Immigrants have the privilege of coming, staying and/or living here, not the right.

I don't understand how you got a GC before an EAD. EADs come first and everything else later.

Paying for an EAD is the right way to do things and needed to legally work in the US.

Correct me if I am wrong, please, but I believe that this is the third EAD for the applicant - he already had 2 previous ones and the last was about to expire, so had sent in the application for another renewal. That is why he is feeling frustrated as in another post he mentions he had just got back from mailing the EAD application and received the notice about his approval. I would be annoyed too.

Edited May 27, 2006 by Kathryn41

[Cdnwmn 0]

I think for the k1, U must get a 2 years green card no matter how long U have been married. Most people who get the 10 years are either k3 visa applicant or have been in the country for another visa benefit that is different from the k1. Please someone correct me if U think am wrong? U know k3 visa is already a two years visa so if U are approved of ur green card around ur second year of marriage then I think U will get the 10 years of green card. That is why I think it is a waste of money for a k3 visa applicant to come into the country and immediately want to adjust to permanent residency. It is of no use, just get ur EAD which will be of 2 years becos it cover the 2 years visa that U got. Just using this medium to educate the k3 visa applicant cos I see so many of them rushing to get the conditional green card as soon as they come into the United States. Don't U think it is a waste of money????

There are those that have come on K1s who were given automatic 10 years cards upon approval after their 2 year anniversaries. Then there were others who when receiving the 2 year conditional card after 2 years of marriage have gone back into their local service centres to question it and the service centres corrected them.

In my case I married June 2002, had my AOS interview on December 23, 2002 along with my son. The officer approved us however couldn't officially give the seal of approval until my FBI checks came back saying it would probably be just a couple of months. Eighteen months passed until I finally got the card and it was approved 6 days after my 2nd wedding anniversary. I had been checking with them to see if anything had come back and was simply told no. They had messed my fingerprints up twice and I believe after that I was literally put on the backburner and forgotten about. I think I was then discovered when someone decided to do some spring cleaning. Next thing I knew I was to come back in to have a third set of fingerprints done as my other ones were then out of date. Didn't matter anyhow as the previous two were unacceptable as it was.

[Cdnwmn 0]

I think for the k1, U must get a 2 years green card no matter how long U have been married. Most people who get the 10 years are either k3 visa applicant or have been in the country for another visa benefit that is different from the k1. Please someone correct me if U think am wrong? U know k3 visa is already a two years visa so if U are approved of ur green card around ur second year of marriage then I think U will get the 10 years of green card. That is why I think it is a waste of money for a k3 visa applicant to come into the country and immediately want to adjust to permanent residency. It is of no use, just get ur EAD which will be of 2 years becos it cover the 2 years visa that U got. Just using this medium to educate the k3 visa applicant cos I see so many of them rushing to get the conditional green card as soon as they come into the United States. Don't U think it is a waste of money????

There are those that have come on K1s who were given automatic 10 years cards upon approval after their 2 year anniversaries. Then there were others who when receiving the 2 year conditional card after 2 years of marriage have gone back into their local service centres to question it and the service centres corrected them.

In my case I married June 2002, had my AOS interview on December 23, 2002 along with my son. The officer approved us however couldn't officially give the seal of approval until my FBI checks came back saying it would probably be just a couple of months. Eighteen months passed until I finally got the card and it was approved 6 days after my 2nd wedding anniversary. I had been checking with them to see if anything had come back and was simply told no. They had messed my fingerprints up twice and I believe after that I was literally put on the backburner and forgotten about. I think I was then discovered when someone decided to do some spring cleaning. Next thing I knew I was to come back in to have a third set of fingerprints done as my other ones were then out of date. Didn't matter anyhow as the previous two were unacceptable as it was.

Oops I forgot to add, I see a similar post on "lifting of conditions" by the same OP and I had responded there however I will respond again here. I went in in person and spoke to one of the information officers - frontline person. She got her Supervisor. I explained the situation to her saying they must have made a mistake. Here was her response:

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.

[Reba 2]

I think for the k1, U must get a 2 years green card no matter how long U have been married. Most people who get the 10 years are either k3 visa applicant or have been in the country for another visa benefit that is different from the k1. Please someone correct me if U think am wrong? U know k3 visa is already a two years visa so if U are approved of ur green card around ur second year of marriage then I think U will get the 10 years of green card. That is why I think it is a waste of money for a k3 visa applicant to come into the country and immediately want to adjust to permanent residency. It is of no use, just get ur EAD which will be of 2 years becos it cover the 2 years visa that U got. Just using this medium to educate the k3 visa applicant cos I see so many of them rushing to get the conditional green card as soon as they come into the United States. Don't U think it is a waste of money????

no, its not a waste of money, because is some areas it can take 2 years or more for them to get around to the AOS interview, so it is best, even for a K3, to apply for AOS as soon as humanly possible.

[dmartmar 1]

Please correct me if I'm wrong, but I believe that this was his third EAD application. He already had 2 previous ones and since the last was about to expire, he sent in another renewal application. That's why he's frustrated. On another post, he mentions receiving his approval notice after just getting back from mailing the EAD renewal application. I would be annoyed too.

Please correct me if I'm wrong, but I believe that the OP is annoyed at not getting a 10 year card, which in this case would tell me that the EAD is the least thing he's thinking about at the moment.

For any immigrant, the EAD is an investment.

Edited May 27, 2006 by dmartmar

[Kathryn41 3,205]

Yes. dmartmar,

The OP is annoyed at not getting a 10 year card, however, just having sent off the EAD application with $180 fee for the renewal card is kind of like rubbing salt in the 'wound' of not getting the 10 year card. Perhaps he might be able to talk them into changing their minds through an email or an infopass. It is worth a try, and if it doesn't work, well, that's life.

[ramc75 0]

Hi all

I just thought that I would clarify some things. Firstly, dmartmar, Yes I agree with you, having a GC is a privelege and not a right. Yes i was annoyed that i didn't get a ten year GC, not because I felt cheated, but because ifeel that there a lack of consistency in the way things are done. It seems to me that a lot of decisions made on applications are probably based on how the immgration is feel that day. If there was set guidlines as to what we are to receive and when it would probably cut a lot problems/ expectations. Aslo If you had look at my timeline in my signature you would see that i was applying for my 3rd EAD when I was approved for my GC. I felt that was awaste of money because i won't be seeing any of that $180 back, I would not suprise me that in about 2 and a half months i will have a new EAD, because either nobody has looked to see if my GC has been approved or Chicago part of the USCIS does not know that California part has approved my GC. Aslo what do you mean by EAd is an investment, I have 2 EAD I have not been able to get a job, I have now gone back to college to retrain.

Rich

[bislig2alabama 1]

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

Hello There. We, my filipino wife and I, have the same problem as you. BUT, we have yet to receive an approval. Our AOS was sent to Atlanta July, 2004 and we were transferred to CSC Sept, 2005. Our marriage was June 22, 2004.

I noticed that you ask for a referal on May 5, 2006. Then you got action!!! What is a referal??? Should we do the same???

WE called the HELP line and were told that it was a decision that the CSC would make as to receiving a CGC or PGC if there was no interview. However if an interview is made then the chances of receiving a PGC was good if the interview was two years after the marriage.

Congratulations on the approval.

[ramc75 0]

Please correct me if I'm wrong, but I believe that this was his third EAD application. He already had 2 previous ones and since the last was about to expire, he sent in another renewal application. That's why he's frustrated. On another post, he mentions receiving his approval notice after just getting back from mailing the EAD renewal application. I would be annoyed too.

Please correct me if I'm wrong, but I believe that the OP is annoyed at not getting a 10 year card, which in this case would tell me that the EAD is the least thing he's thinking about at the moment.

For any immigrant, the EAD is an investment.

Thank you Katherine for filling in

[ramc75 0]

Hello There. We, my filipino wife and I, have the same problem as you. BUT, we have yet to receive an approval. Our AOS was sent to Atlanta July, 2004 and we were transferred to CSC Sept, 2005. Our marriage was June 22, 2004.

I noticed that you ask for a referal on May 5, 2006. Then you got action!!! What is a referal??? Should we do the same???

WE called the HELP line and were told that it was a decision that the CSC would make as to receiving a CGC or PGC if there was no interview. However if an interview is made then the chances of receiving a PGC was good if the interview was two years after the marriage.

Congratulations on the approval.

Hi,

Yes I got action after i called and asked fror a referal to be put on my case, but i cannot say that my approval was linked to that. You can do the same, but it will depend on the last notification that you got from the USCIS. They would be very reluctant to put a referalon you case if you just had a notice from them. usual you have to wait 30 days past the waiting period on the last notification from USCIS before they would put a referal on a case.

Hope this helps

Rich

[Yodrak 7]

Rich,

What does "Chicago part of the USCIS" got to do with it? I-765 is processed by the National Benefits Center in Missouri (which has a Chicago mailing address).

Yodrak

... I felt that was awaste of money because i won't be seeing any of that $180 back, I would not suprise me that in about 2 and a half months i will have a new EAD, because either nobody has looked to see if my GC has been approved or Chicago part of the USCIS does not know that California part has approved my GC. ....

Rich

[ramc75 0]

Rich,

What does "Chicago part of the USCIS" got to do with it? I-765 is processed by the National Benefits Center in Missouri (which has a Chicago mailing address).

Yodrak

... I felt that was awaste of money because i won't be seeing any of that $180 back, I would not suprise me that in about 2 and a half months i will have a new EAD, because either nobody has looked to see if my GC has been approved or Chicago part of the USCIS does not know that California part has approved my GC. ....

Rich

Sorry I didn't realise that it was the same place, What I mean't was,that where ever the EAD is approved ( I assume the NBC with the chicago Lock box address is it) might not know that the CSC has approved my Green. I my experience with Goverment agencies it is very rare that the left hand knows what the right hand has done.