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jchaffe

I-751 email but wife already has 10 Year GC

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Filed: K-1 Visa Country: Philippines
Timeline

I have an interesting situation. My wife came to the US in January 2005 on a K-1. We were married March 26 that year. Applied for AOS and Advanced Parole. AOS took a very long time. The next year, my wife went to visit family. Due to a misunderstanding on the documents dates, my wife left the US with an AP in force, but returned with an expired AP. However, they let her back into the US. Still had not completed the green card. As a matter of fact, the letter for the interview came while she was out of the country. We couldn't interview because she was only conditionally admitted to the country.

Long story short, 8 months later, the USCIS finally decided to notify us that her petition was considered abandoned. We retained an immigration attorney, and within 3 months, she received her two year green card. However, by that time, we had already been married for well over two years. The attorney intervened, and the USCIS admitted their mistake, and subsequently issued my wife a 10 year green card.

Now, my wife has received an email stating that she needs to file an I-751 to remove conditional status. Shouldn't the conditions already be removed if she received the 10 year card? Anyone else had this issue?

Thanks is advance.

John

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Filed: Timeline

I have heard of AOS applicants receiving 10 year cards, even though they were unauthorized. It could just be a glitch in the system. The best bet, if you are now doing things on your own, is to contact the USCIS and find out what your spouse's status is as far as the DHS is concerned. Get the answer in writing. That should determine your next step, whether to disregard the email, or to file for ROC.

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