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nadia&sameer

Received 10 yr GC instead of Conditional 2 yr card

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Hi,

My husband just got his AOS approved. He came on a K1 visa and we have been married less than 1 year. His GC arrived, but is for 10 years, not the 2 year conditional card he should have gotten. What is the best process to get this fixed? I really can't afford to take more time off from work to do another infopass appointment as they lost his medical a few months ago and I had to take time off to redo and then more time off for the infopass to get it fixed. Can we get this resolved over the phone or by email? Can he just keep the 10 yr card as long as we file to remove conditions before his 2 years is up or will we have trouble removing conditions with a 10 year card?

Please only reply if you have first hand knowledge of this issue. Thanks for your responses!

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You cannot keep the 10 year green card. It is a USCIS error, and will come back to bite you in the future should you simply do nothing.

File an I-90 (no cost due to a USCIS error) and attach the original green card and a written explanation that you have been married for less than two years but received an unconditional 10 year green card in error. They will issue the correct two year conditional green card.

Do not listen to anyone who says to do nothing and just keep it; no doubt someone will propose that here shortly.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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a friend of mine received also a 10year gc...they called uscis but answered them that they really did it 10years no mistakes... i wish i can received 10years gc too... lol

better to cALL USCIS first..

Edited by mymarley

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You cannot keep the 10 year green card. It is a USCIS error, and will come back to bite you in the future should you simply do nothing.

File an I-90 (no cost due to a USCIS error) and attach the original green card and a written explanation that you have been married for less than two years but received an unconditional 10 year green card in error. They will issue the correct two year conditional green card.

Do not listen to anyone who says to do nothing and just keep it; no doubt someone will propose that here shortly.

Thanks Hypnos. I follow your posts on this site and I know you know what your talking about. I figured we'd have to do something. Just wasn't sure what. From my understanding his EAD/AP card is no longer valid since he has been approved for a GC. Is that correct? My husband is starting a new job the beginning of Feb. Can we give them the 10yr card for their file? I don't want to do anything illegal, but he also needs to be able to work.

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Correct, his EAD is no longer valid.

To show work authorisation, you could file the I-90, then once you have the I-90 receipt NOA you could make an Infopass appointment at your local office. Take your valid foreign passport and show them the I-90 NOA and they would be able to give your husband an I-551 passport stamp (probably valid for around six months - you can renew it if necessary) that would be proof of LPR status for all purposes, including international travel and employment.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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a friend of mine received also a 10year gc...they called uscis but answered them that they really did it 10years no mistakes... i wish i can received 10years gc too... lol

better to cALL USCIS first..

That is great for your friend. I know my husband does not qualify for a 10yr card so I am sure it is in error. A friend of a friend also got a 10yr card several years back. He didn't remove conditions bcz he thought he was safe. When he went to become a citizen he not only found out he cannot become a citizen, but that he is actually in the country illegally because he didn't remove the conditions. It has been a huge mess for them so I want to make sure not to make that mistake!

You should file i90.

I will definitely file the I90. Any idea how long it will take to get a new card?

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I believe current processing times are around 6 - 10 months for an I-90.

The story about your friend is exactly what I was talking about above. If you don't file for RoC when you are meant to - even if your green card says you have legal status - you lose LPR status and become deportable.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Correct, his EAD is no longer valid.

To show work authorisation, you could file the I-90, then once you have the I-90 receipt NOA you could make an Infopass appointment at your local office. Take your valid foreign passport and show them the I-90 NOA and they would be able to give your husband an I-551 passport stamp (probably valid for around six months - you can renew it if necessary) that would be proof of LPR status for all purposes, including international travel and employment.

Ugh...thanks. I was hoping we could get away with not having to do another infopass appointment. They lost my husbands medical paperwork so we've had to take a ton of time off getting everything redone and going to infopass appointments to get things in writing that they received the documents. Was hoping to not have to go in again!

What should we do regarding the job he is supposed to start the beginning of Feb? I'm sure we won't be able to get the NOA receipt and an infopass appointment before he begins. Can he give them the 10yr card then updates it as soon as we get the I551 stamp? He could just show them his EAD card, but that's not vaild now either. I don't want to do anything illegal, but I also don't want him to lose out on this job because USCIS once again screwed up our case.

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I will definitely file the I90. Any idea how long it will take to get a new card?

Mine took 6 months.

Edited by apple21

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In that situation I'd probably just show them the ten year card as his employment authorisation. It's not like the card itself isn't valid, it's just that it's only valid for two years instead of the ten years it states on the card itself.

After showing the employer the card to verify his status that's when I would file the I-90, and then obtain the passport stamp once you have the NOA.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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I believe current processing times are around 6 - 10 months for an I-90.

The story about your friend is exactly what I was talking about above. If you don't file for RoC when you are meant to - even if your green card says you have legal status - you lose LPR status and become deportable.

Yes. I guess I was hoping we could keep the 10 yr card and just file RoC when we were supposed to, but it sounds like we can't do that. I can't believe how many things they screw up. They started off by sending our file to the wrong country, then lost his medical, now sent the wrong card. I know their mistakes become our problems, but it's just getting frustrating to deal with them. I'd be fired at my job if I screwed up as many things as they have!

Thank you very much for the advice. We'll just suck it up and do what we need to do. :)

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In that situation I'd probably just show them the ten year card as his employment authorisation. It's not like the card itself isn't valid, it's just that it's only valid for two years instead of the ten years it states on the card itself.

After showing the employer the card to verify his status that's when I would file the I-90, and then obtain the passport stamp once you have the NOA.

Ok. That helps a lot. I just wasn't sure if it was illegal to do that since we know the card isn't right. But since the card is valid we'll just make sure we update things with the company before his 2 yr card would be up and we should be fine.

Thanks again!

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What should we do regarding the job he is supposed to start the beginning of Feb? I'm sure we won't be able to get the NOA receipt and an infopass appointment before he begins. Can he give them the 10yr card then updates it as soon as we get the I551 stamp? He could just show them his EAD card, but that's not vaild now either. I don't want to do anything illegal, but I also don't want him to lose out on this job because USCIS once again screwed up our case.

In terms of proving status in order to start a new job, here is the information from the I-9 guide to Employers:

Employees who attest to being a lawful permanent resident in Section 1 of Form I-9 may choose to present a valid Form I-551, Permanent Resident Card, for Section 2 (or Section 3, if applicable) . A lawful permanent resident is not required to do so, however, and instead may choose to present a List B and List C document combination, e .g ., state-issued driver’s license and unrestricted Social Security card.

Edited by dhlunar

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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