Filing a documents for permanent GC, if did not get conditional GC

[Taya 0]

if anyone encountered such a situation? I have a question- when i need send document for a permanent green card? USCIS rejected my documents for conditional GC by the reason incorrect payment fee. But we paid and USCIS took my check with my name and created the second case for my son. We send all proof. 7 months we trying to prove that we paid, but constantly we get a letters that they can not to help us. We were at the congressman, but he got the same answer. We sent notary copies of the bank, bank statements that shows both of checks with 1070 dollars went to USCIS ... and now they say send to them new 1070 dollars. but I have a question. I have 6 months to 2- years of marriage anniversary. I know that before 90 days i need to file again my documents for unconditional(permanent) green card. Does it make sense to re-apply now for conditional card, If after 3-4 months i will need send documents for unconditional(permanent) green card?

[Ontarkie 13,915]

~~moved to AOS from Family based Visas, from USCIS Service Centers~~

[Taya 0]

sorry.. i did not understand your message

[Ms Hogan 295]

I am not sure how to deal with your payment problems BUT the green card you get will be determined when you do your POE. When you enter, if you have already been married 2 years or longer you will get IR-1 which means you will not need to worry about removing conditions after two years of living here. If you enter before you reach your two year anniversary then you will be given a conditional card and have to remove those conditions at the second anniversary of your entry.

So if you are in the middle of your process you just carry on as you are. When you enter your card (2 year or 10 year) will be determined at that time.

I'm also confused about what you're applying for. Your profile says K1. Are you applying for finance visa or spousal????

[Taya 0]

ok! understand you...thank you for your answer! ...so...i came to USA with my son in 2013/09/4 with visa K-1 and K-2. We marred 2013/11/25. Failed to USCIS for conditional GC 2014/06/17 my son got a biometrics and it was all good, then we got a second invitation for him again. And we got back my doc. becouse they created second case for my son. So they used check with my name and created second case. ...so my question was about after 2015/08/25 opens deadline to send documents for unconditional(permanent) green card for 10 years, so 90 days until November 25 2- years anniversary of marriage .so my question was about make seens to apply before August 25 doc. for 2 x year GC

Edited March 29, 2015 by Taya

[GinaDon 18]

No-one on a K-1 visa is eligible for 10 year GC because you are not even married at POE.

[Taya 0]

sorry i did not understand you about POE. Who is POE? ....And we marred.

sorry i did not understand you about POE. Who or what is POE?

Edited March 29, 2015 by Taya

[aleful 1,905]

ok! understand you...thank you for your answer! ...so...i came to USA with my son in 2013/09/4 with visa K-1 and K-2. We marred 2013/11/25. Failed to USCIS for conditional GC 2014/06/17 my son got a biometrics and it was all good, then we got a second invitation for him again. And we got back my doc. becouse they created second case for my son. So they used check with my name and created second case. ...so my question was about after 2015/08/25 opens deadline to send documents for unconditional(permanent) green card for 10 years, so 90 days until November 25 2- years anniversary of marriage .so my question was about make seens to apply before August 25 doc. for 2 x year GC

HI

I think you're confused. to actually remove conditions you have to have a 2 year GC that is expiring. 90 days before the card expires, you have to remove conditions to get a 10 year GC

but it seams that you haven't even gone to an interview, and neither you or your son have a green card yet. So if you have your interview after you have been married for 2 years, you will automatically get a 10 year GC

did your husband file 2 separate adjustment of status packets, one for you as his wife and one for you as his stepson?

[Taya 0]

Thanks everybody for attention to my post!! Yes. I did not get 2 year GC, becouse USCIS rejected my doc. and created second case for my son. My son will have interview at 21 Apr. 2015. I have not nothing. We will have 2 years anniversary of marriage - 2015/11/25.. Yes. We sent 2 envelopes in one, we created 2 separate envelopes with doc. for me and son and then we put them into one huge envelope.

[aleful 1,905]

hi

so then you will get a 2 year conditional GC if the interview is before your 2 year anniversary

the removal of conditions will be 90 days before the card expires, which will probably be in 2017

[Taya 0]

thank you for your answer!

yes, conditional GC USCIS give for 2 years before 2 year anniversary. They created it to check marriages. .. but after 2 years they do not give a conditional, after 2 years they give constant for 10 years. ..that why it calls the conditional GC because it for time until 2 years marriage

[Neonred 3,446]

Taya, you are a little confused. First, you have no legal status in the US as you never got a (conditional) green card. Therefore you cannot remove conditions. Removal of conditions (permanent green card) can be applied for 90 days prior to the date you became a LPR, as listed on the conditional green card, not based on the date of marriage.

If you apply now for a green card you will receive a 2 year conditional card and will not apply for permanent card for 2 years. You can wait until after 2015/11/25 and you will likely get a 10 year green card.

[Taya 0]

thank you Neonred for your answer!

yes, i understand all processes issuing cards. ...conditional card for 2 years, permanent card for 10 years.. ..so my question was ..Do I have to wait August and send after August 25 documents for 10 years GC....and i think yes...because..now almost April. November 25 will be 2 years of marriage. so I think do not have time to get a conditional 2 years card (because processes takes 5-7 months) and in August 25 deadline for new documents... and when my son got a work permit so they sent a wrong card with a photo of a another person, we had to write them a letter and sending back and after 1.5 months we received the card. and now his interview is scheduled for April 21

but before we have received an invitation to an interview to Denver March 18. ..and we arrived to Denver..6 hour drive... but it turned out he did not have an interview, they did not plan an interview.

Edited March 30, 2015 by Taya

[GinaDon 18]

I don't think you understand the process. You can get the 10 year GC if you came in on the IR-1 visa and were married for more than 2 years at the POE.

You came in on a K-1 visa and were only entitled to a 2 year GC. The sooner you get that GC the better. Apply now and stop trying to "cheat the system" by waiting.

[Yurika & Jim 77]

So... You applied AOS both you (K-1) and son (K-2) together with correct fee (1070 + 1070).

USCIS cashed both checks. But USCIS is proceeding only your son's case and you haven't gotten anything from them for your case? (Do I understand correctly? Your post make me confused a bit...)

Have you tried to show proof at the infopass? Or just calling, e-mailing and mailing?

You need to apply ROC with a conditional GC. If you don't have it, you don't have a condition to remove (can't apply I-751)... Nothing to do with your 2 year marriage anniversary.

Wrong person's EAD for your son, false interview letter...? Something is wrong with your case for sure!

Sorry, but you need to fix your problem right now and your AOS case gets going on!