Conditional 2-year Green Card or 10-year Green Card for K1

[Bjorn&lyne 20]

I have read online that being on K1 status means getting a conditional 2-year Green Card. As conflicting information, I have also read that some K1 visa holders instead get a 10-year Green Card. To me, it makes sense if all K1 approvals lead to a conditional 2-year Green Card. However, a close friend of mine arriving on a K1 and thus married significantly less than 2 years when she applied for AoS recently received a 10-year Green Card instead of a conditional Green Card. Is there any consistency within the USCIS who receives a conditional 2-year Green Card or a 10-year Green Card for individuals on K1 status? We were just today notified electronically that our I-485 is approved so we still awaiting the actual physical card in the mail at the time of this writing. Thus, I am curious how the USCIS decides who receives a 2-year conditional vs a 10-year Green card when on K1 and married less than 2 years at the time of filing for AoS.

Edited November 24, 2015 by Bjorn&lyne

[aleful 1,905]

hi

it depends on length of marriage at the time of interview, if it is over 2 years, then a 10 year GC is received. some people wait, maybe due to financial situations to adjust status a year after marriage, and probably at the time of interview have over 2 years of marriage

how long was your friend married at the time of the interview? and also it can be a mistake, some receive a 10 year GC incorrectly

immigration makes mistakes all the time

it all depends on the situation

[Bjorn&lyne 20]

From the time my friend got married until the Green Card Interview, it was about one year. She claims that she was told specifically during the USCIS Green Card interview that she would get a 10-year card instead of a conditional 2-year card. The couple had been together for a few years prior to getting married as they dated, got engaged and even lived together in Dubai before moving to America. She received her K1 while still in Dubai. Maybe that played a part as well, meaning her previous circumstances in Dubai proved to the USCIS that the relationship was genuine well before the AoS interview, in other words like you are stating, it depends on the cirsumstances.

Edited November 24, 2015 by Bjorn&lyne

[NikLR 13,220]

I think her 10 year card was a mistake.

[Bjorn&lyne 20]

I told her to call the USCIS and check on her Green Card to verify if it is a mistake or not so it does not cause problems for a future Naturalization application.

[Ebunoluwa 6,136]

I told her to call the USCIS and check on her Green Card to verify if it is a mistake or not so it does not cause problems for a future Naturalization application.

Good advice and I hope she takes it. I have to wonder what morons work there to tell her specifically that she will be issued a 10 yr GC.

I am sure it was a mistake that could carry bad consequences if she doesn't get a tier2 on the line.

Happened to a friend of mine and they had to return it, big hassle but necessary.

[NikLR 13,220]

I told her to call the USCIS and check on her Green Card to verify if it is a mistake or not so it does not cause problems for a future Naturalization application.

Not just naturalization, but also if she doesnt remove conditions then she can be deported! This is a big deal to get right.

[Hypnos 6,576]

It's not about how long they've been married at their interview, it's how long someone has been married on the day of their I-485 approval that determines whether or not they receive a 2 year conditional green card or a ten year unconditional green card. This is not always the same day as the interview, if their case has to be continued for supervisor review, or perhaps issue an RFE.

If, on the day of approval they have been married for less than two years then they will receive a two year conditional green card that they will then have to remove conditions from in almost two years time.

If, on the day of approval they have been married for two years or more then they will receive a ten year unconditional green card for which no RoC is required.

If someone should have received a two year green card but instead received a ten year green card then this can cause them serious issues down the line, despite it being a USCIS error. They will need to file for RoC, and by not doing so will go out of status once it all gets straightened out. Theoretically, they could wind up being deported over it.

Edited November 25, 2015 by Hypnos

[Neonred 3,444]

A lot of people trying to scare you here, but we went through this, and I know several others. We talked with USCIS and even attempted to remove conditions, which was rejected. There were no issues at naturalization. None of the other people I know that got an early 10 year green card had problems later.

[Hypnos 6,576]

The law is very clear. Just because you got lucky does not mean everyone in your situation will be.

USCIS can seek to remove any immigration benefit - including naturalisation - if it was based on erroneous information, and even if it was USCIS' fault.

[Neonred 3,444]

The law is very clear. Just because you got lucky does not mean everyone in your situation will be.

USCIS can seek to remove any immigration benefit - including naturalisation - if it was based on erroneous information, and even if it was USCIS' fault.

I know the law, and I know what I did to ensure we would not have a problem.

Your actual experience with this issue is???

[Hypnos 6,576]

I have a brain and I know how to use it.

[Alexjaco 1]

On 11/25/2015 at 5:58 AM, Neonred said:

A lot of people trying to scare you here, but we went through this, and I know several others. We talked with USCIS and even attempted to remove conditions, which was rejected. There were no issues at naturalization. None of the other people I know that got an early 10 year green card had problems later.

@Neonred, was there anything specific you had to do? We just started getting everything together to remove conditions for my husband, and just then realized he had been issued a 10 year card despite us not having been married 2 years at the time of issue. I've called and spoken to the USCIS helpline people, and one told me that if he had a 10 year card we would be fine and didn't need to do anything. I was nervous so I called again and another person advised we schedule a meeting with our closest field office to be sure, but I'm curious what exactly you went through to verify that you didn't have to remove any conditions if you don't mind sharing.

[Alexjaco 1]

Sorry to resurrect a post that's been inactive for a while, but just thought I'd update in case anyone else is scrolling through looking for answers...

 

We ended up scheduling an appointment with our field office almost a year ago (when I originally posted looking for advice) and spoke to someone in person who pulled up our case in the system and told us that we didn't need to do anything. The key was, when we went in we had been married for more than 2 years, so the officer told us that seeing as we would qualify for the 10-year card at that point they would not require us to get a new card or go through the removal of conditions process. We figure it's more hassle/potential expense in wages for them than it's worth to get us to go back and file for a corrected green card and then removal of conditions that then have to be processed, despite the fact that we also didn't have to pay the $600 fee for removal of conditions.

 

So, my advice is, if you notice that you have mistakenly gotten a 10-year card and you feel that you need to speak to someone official to make sure you'll be alright, wait until you're past the point that you would qualify for the 10-year card as they're unlikely to make you change it at that point. We just filed my husband's N400 online on 04/17/2018 and have already received NOA and the biometrics appointment (though we can't see the biometrics date/time yet), so hopefully it all goes smoothly!

Edited April 21, 2018 by Alexjaco

[Diorella 31]

On 11/24/2015 at 6:18 AM, Bjorn&lyne said:

I told her to call the USCIS and check on her Green Card to verify if it is a mistake or not so it does not cause problems for a future Naturalization application.

hello, my friend also got a 10yr GC but they have been married 1yr 1 month at the time of interview. she said that it is not a mistake bec. the interviewer told them that they will get the 10yr. GC. i wonder what happened to your friend's case? is there any problem caused by the 10yr. GC?