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

[Taya 0]

Thank you GinaDon for your answer. ...! I understand after 2 years of marriage people can send documents for 10 y. GC. .........I came on a K-1 visa , we married, then my husband sent doc. for conditional GC. ..then USCIS took my check with my name , took money 1070 doll. and created second case for my son and rejected my doc. back with the reason incorrect fee. Bank shows that USCIC took the money. my check and my son. We sent them all the evidence. we were at the Congressman but he also received an answer that they can not help.

So what do you think GinaDon? sorry, may i ask you? ... should we send new 1070 doll and new documents for condit GC?

At September we were at the local office. talked. they promised a call back within a month. . we waited month and no one called. We went again. One employee said send a new check with 1070. then when we called to uscic on the phone other person said do not to send new....So we do not know what to do.. My husband does not have a guarantee that if he will send new 1070 and it will disappear again. so what should we do.... so my question was about do i need wait August 25 or send again now? Thank you!

Edited March 30, 2015 by Taya

[GinaDon 18]

I would love to answer you Taya but I honestly don't know.

Can you speak to a lawyer because your case seems complicated?

[Taya 0]

thank you Yurika & Jim! Yes, .I came on a K-1 visa , we married, then my husband sent doc. for conditional GC. ..then USCIS took my check with my name , took money 1070 doll. yes, together with correct fee (1070 + 1070)....and created second case for my son and rejected my doc. back with the reason incorrect fee. Bank shows that USCIC took the money. my check and my son. We sent them all the evidence. we were at the Congressman but he also received an answer that they can not help. , yes, we sent. all proof, to lokbox, ...yes, we got invitation for an interview but before the interview my husband got a call that the interview was not planned. because case of my son depends of me. they said he does not get an interview until my not done. but!! they promised to send letter with new invitation and sent. We got it , letter with list of that we should bring.! ....ohh and fuuuhh what i can say only ..I'm very confused with this system!

[Taya 0]

Thank you GinaDon for your answer! ......yeah, I also would like to find some lawyer consultation or find answers reading forums and the experience of people.

[Villanelle 4,121]

I understand everything you said,..

Im not sure if you do though or what is your question because your are asking like you have a choice in the matter...?- did they give an indication they are processing you with the fee you sent yet?

So heres what I am seeing you are stating happened- correct what is wrong if anything-

You and your son came on K1 and K2 Sept 2013

You did not file for AOS right away- which is fine- there is NO requirement to.

You finally filed for both yourself and your son it seems June 2014

But it seems USCIS messed up and created 2 case files for your son and none for you. (how nice of them lol)

They proceeded to process his application, send him for bio-metrics etc, and do nothing for you.

You called/complained and they gave you the run around- even though you had proof they cashed your check

They wanted to schedule your son for an interview- in April

BUT WAIT!!! They can NOT process him as a K2 with out you- the K1 being processed FIRST- he is a derivative of you.

So they recently told you- his interview was cancelled and it seems they sent you another letter with a new interview date?

Yes?

If so that interview as well will be cancelled. All his interviews will be cancelled until you adjust first or they do your interviews together.

---

So you ask this odd question of ". 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..."

Yikes. This is a very odd statement. There is no way to answer your question because your question is based on incorrect information.

You stated - We will have 2 years anniversary of marriage - 2015/11/25..

SO- it does not matter WHEN you submit the packet, if the card is issued after NOV 25th 2015, it will be a 10r card, not a conditional one. It only matters when the card is actually issued, not when it is submitted.

Like you stated it can take anywhere currently from 5-7 months for AOS to be processed. If you submitted it today- you could be processed in as little as 5 months. Five months from now is only Aug. You would receive the 2yr conditional card. If you submitted it today and it took them 7 months to process, that would be Oct, You would still receive the conditional card. However if it took them 10 months to process- you would get the 10yr card issued in Nov.

You can wait until Aug to send in your packet and it may take them 5 months to process - (receive it in Jan/10 year card) or they can be extra speedy and send you the card in 2 months seeing how your file is full of delays and problems- maybe they will rush it- and you will receive a 2r card in Oct!

You never really know how long things will take.

All you would really be saving is the extra expense of filing to remove conditions fee by waiting and the extra hassle of dealing with USCIS again in 2 years if you get the conditional card. Honestly after the mess they have caused you with losing your fee and mixing the packets- no one would blame you for waiting and obtaining the 10yr card. Youve waited so long already...

---

A bigger concern for me would be having to pay the thousand dollars again for YOUR application. To me that is totally unacceptable. The phone rep that stated that should NOT have to be paid again is correct.

No way in heck would I pay it again when you have proof it was cashed and it was their error in creating two cases for your son. When you are ready to file (if you are going to wait for the 10yr card) I would suggest contacting a different congressman- you have multiple that can help you or the ombudsman (info is all over VJ on how to do so) for assistance on finding your fee and getting your case resolved.

Edited March 31, 2015 by Damara

[Yurika & Jim 77]

I might misunderstood your post a bit...

So, your main question is like "Since they messed up my case, can I just refile as close to 2nd wedding anniversary as possible and get 10 year GC instead 2 year GC?"

Hmm... I'm not sure, but since your son's case is already in progress, sounds like it make you and your son's case more complicated...

They created son's 2nd case... So your son got 2 receipts (NOA) with different case number on it and got bio appointment for each case (2 bio letters)?

And USCIS thinks it's OK (normal)? I think that's just wrong...

[KVE 29]

You can file whenever you want, but while you don't file you are not legal in the USA. There are no rules on when to file, as long as you had married within the 90 days of arriving on the K-1 visa.

If they issue the card after 2 years of your married then you will most likely get a 10 year green card, there are people in the NPIW thread that have been waiting for 2 years and received the 10 year green card. The point of the conditional green card is so that they make sure your marriage is legit, and they think two years is enough and so if you stay married for 2 years then you should get the 10 year GC.

It could take a while for them to process your application, if they rejected your application then you have to refile (they probably gave an explanation of what to do on the rejection letter). I wouldn't waste time waiting for a 10 year GC, and I would file asap as then you can get an EAD and AP and actually work!

I've been waiting nearly 10 months for my Green Card. I'm telling you it is not worth waiting for, just file and you should be able to earn back the money it costs to remove conditions within the 2 years that you have that GC.

[Taya 0]

thanks very much to everyone for participating! ...yes, KVE, its right- If they issue the card after 2 years of your married then you will most likely get a 10 year green card, there are people in the NPIW thread that have been waiting for 2 years and received the 10 year green card. The point of the conditional green card is so that they make sure your marriage is legit, and they think two years is enough and so if you stay married for 2 years then you should get the 10 year GC.

I apologize if my post made confused everybody! because a lot of information and I did not know how to present a short form by post.

yes Yurica&Jim. we received a letter of invitation to interview for son. I checked the status online. there is still March 18 but we got a call the day before the interview. that it is not correct. his interview was not planned. My husband had a long conversation with an employee. he was tired. he became a full blown and red.

but then they said that they would find a new interview date and send a new letter with a list of what to bring. and we got an new interview on April 21 and the list of documents. taxes. a certificate from the school. joint photo. in the first letter this list was not

when we will at the interview I want to ask them what we should do with me with my case.

[Taya 0]

I forgot to say. they said on that phone call to my husband that money is gone, we need send new documents and new money 1070 doll.

[Taya 0]

....but after all that has happened we have no confidence

[milimelo 4,166]

Taya, I'd get your husband here to read this if your English is not up to par - I see you had some misconceptions earlier in the thread so I don't want you misunderstanding what I write down below.

Ok, here's what you need to do when you go to your son's interview (with your husband in tow of course).

Bring the copy of your entire AOS packet you sent back in 2014. Bring the bank account statements showing they cashed the check for your and your son's AOS. Also take with you all USCIS notices you ever received for your and your son's AOS case (duplicate case numbers). If you sent it tracked mail, log onto the carrier (USPS, FEDEX, UPS) and get the full tracking status with delivery date and who signed for the package.

Also bring your updated proof of bona fide marriage evidence including filed taxes 2013, 2014, bank statement, utility bills, mail sent to both you and your husband's names or individual names but same address, insurance info (house/renters, medical, auto), kid's papers from school or doctor listing both of you as parents/guardians... -- keep copies for your records.

Then at the interview politely demand to get to the bottom of your AOS case and ask for the IO's business card/phone/email. Don't leave without that information even if you have to wait for a supervisor.

It probably will not be solved while you're there, but now you have the leads.

Now is the time to get in touch with a more experienced immigration aide of your congressmen or senators and sign and bring with you release of information forms, copy of AOS packet, what you submitted at your child's AOS interview and contact info of the IO who interviewed you. Ask that the immigration aide get in touch with USCIS folks (they have direct line to USCIS folks who deal specifically with congressional people, they also have emails too) and see what's the status of the case. Also emphasize and prove with copies of bank statements that payment was made on such and such date and that you should not be paying again for something you already paid once and no service was rendered. If any additional AOS needs to be sent it, ask for an email waiving second payment of fees and get the address of someone to whom you can send the packet ATTN: NAME X. Stay in touch with immigration aide until you have green card in hand.

Good luck and keep us posted how this turns out!

[Taya 0]

thanks for your answer Milimelo! I very good understand your text!..sorry for my english, I use the Google translator, sorry! but I very good understand human speech, texts and all that people write here, everything is very clear for me. I'll show my husband this topic. And yes, everything that you listed we gona bring, yes, in the letter, in the invitation letter the same list. Yes! I will do as you advise me. I like you advise! Thank you again, I'll keep everyone here in the course of events.

[KayDeeCee 4,891]

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.

Stop accusing people of wrong doing. There is no cheating the system here. If they are married less than 2 years at the time the green card is approved, then they will receive the conditional 2 year green card and need to file for ROC within the 90 days before it expires. If they are married for over 2 years at the time the green card is approved, then they will receive a 10 year card and will not need to file for ROC.

[Taya 0]

hi for everybody! So.. yesterday we had an interview for my son. The officer was a very good man. At the beginning he asked general questions to my son. Then we (i and my son) waited in the corridor, my husband was in officer's room, then i was. We had the same questions, what kind of movie you watched last time, cafe, you were last time, your last meal, what you cooked last time. Our answers were the same and we think that we will get positive result, officer said wait letter om mail box. But, with my case, he said he feels very sorry, apologize, he understands every thing, he would help us if he could, so we can not get back money or renew my case...and search solutions only will take time and nerves, so we need send all new for start new process, new case. And do it soon as possibly. ...well...we decided do it... well...we very much want to believe that the new case will be more successful.