Dealing I-751 Divorce waiver with Wrong Green Card.

[banteras 0]

Thought about this but in case of their error they need the actual Green card to be mailed.

Therefore i will not have Green card to enter the US in few days. With receipt notice cannot enter at POE.

They need actual card even if expired. Maybe the most convenient is to enter the US and fix this afterwards. Even a little delay on i-751 will be for good reason ( their mistake ).

[mushroomspore 3,043]

5 minutes ago, banteras said:

Thought about this but in case of their error they need the actual Green card to be mailed.

Therefore i will not have Green card to enter the US in few days. With receipt notice cannot enter at POE.

They need actual card even if expired. Maybe the most convenient is to enter the US and fix this afterwards. Even a little delay on i-751 will be for good reason ( their mistake ).

Well as stated in my previous post, this is why USCIS also provides the I-551 stamp in LPR's passports. The stamp is the exact same thing as the GC. The GC itself says "I-551" in the corner.

[geowrian 22,335]

1 hour ago, banteras said:

I was given an erroneous Green card due to the Consular error. They Gave IR ( 10 years ), when i must have CR for 2 years. Anyways, I did notice this later but i did not change it because i was traveling back and forth to my country and i needed it. Not time to wait for a replacement. Also in all those travels nobody asked me strange questions about the marital or the validity of the card.

1) Regardless of the visa type issued, the real error would have been upon entering the US since that determines if you get a 2 year or 10 year green card. If you entered the US before 2 years of marriage, then you should have received a 2 year green card.

2) Knowingly not getting it fixed was not wise. I understand being busy and not wanting to deal with it, but it's something you really should have been corrected a while ago instead of just pushing it off until it becomes a more complicated issue.

 

1 hour ago, banteras said:

I m thinking to write a cover letter stating this fact and treat this petition normally as CR, by mention the error and that was not at my fault.

Does it sounds as good plan?

Filing the I-751 on time is a good start, and explaining the mistakenly issued 10 year card would be wise.

 

1 hour ago, banteras said:

But if they revoke it i am automatically out of status because of the Final divorce. ( Law says CR permanent resident status ends automatically after 2 years or if attorney general finds that the marriage was ended by divorce.).

No....just no. Divorce does not terminate any permanent residency. I have no idea where you heard otherwise.

 

1 hour ago, banteras said:

Another i was thinking, is to play it stealth and not to file anything now, keep silent until the pass of 5 years when i can benefit of the statute of limitation, which means they cannot revoke card after this time. I think this is only for the third court jurisdiction states, though.

This would be very unwise. Go through the proper process and get it fixed. Do not keep pushing things out longer hoping nobody notices. You're setting yourself up for a bad day.

[banteras 0]

And suppose that i file today and receive the notice. After 2-3 months they will send new card.

And lets say they send it. What card will be this with what expiration date? My status techically expires 28 January 2019. They will send me a new card with expired date?

[mushroomspore 3,043]

2 minutes ago, banteras said:

And suppose that i file today and receive the notice. After 2-3 months they will send new card.

And lets say they send it. What card will be this with what expiration date? My status techically expires 28 January 2019. They will send me a new card with expired date?

Not sure but it doesn't really matter because you can just get the stamp...

[geowrian 22,335]

1 minute ago, banteras said:

And suppose that i file today and receive the notice. After 2-3 months they will send new card.

And lets say they send it. What card will be this with what expiration date? My status techically expires 28 January 2019. They will send me a new card with expired date?

The extension letter extends the validity of the green card by 18 months currently. So even if they send a green card that is already expired on it's face, the extension letter would make it valid still.

Or you can get the I-551 stamp. That's valid for 1 year and does not require any separate card.

[Akwunomy 4]

2 hours ago, BOB91 said:

 

 

How long were you married before you were petitioned for green card? if you were married for more than 2 years before you applied for green card, then you get a 10 year green card automatically. CR is only for people who applied when they were married for less than two years at the time when they applied for green card.

He mentioned or asked how long you married before the issuance of the visa...I have a friend that married and they process took long and he was issued with 10 years greencard because his marriage is already 2 years before he will receive his greencard and as such he does not get 2 years rather 10 years...so you need to check if that was what happened in your case.

[mushroomspore 3,043]

53 minutes ago, Akwunomy said:

He mentioned or asked how long you married before the issuance of the visa...I have a friend that married and they process took long and he was issued with 10 years greencard because his marriage is already 2 years before he will receive his greencard and as such he does not get 2 years rather 10 years...so you need to check if that was what happened in your case.

OP has clarified that he was supposed to get the 2 year GC and was mistakenly issued a 10 year GC instead.

[Pinkrlion 2,607]

I am not sure where u get January from to remove your conditions, when ur divorce was finalized, you were to file ROC in May 2018 with waiver.  

[Sellamalola 222]

I think that if you went through the consular process you come with a 10 year GC. For K1 and other visa adjustments within the US then you get a conditional GC. You should definitely have a consultation with an experienced immigration lawyer. I know Brad Berstein, he is in NY but he does phone consultations, check him out.

[mushroomspore 3,043]

27 minutes ago, Pinkrlion said:

I am not sure where u get January from to remove your conditions, when ur divorce was finalized, you were to file ROC in May 2018 with waiver.  

OP was admitted in January 2017, presumably on a spousal visa. His GC would be valid from Jan 2017 to Jan 2019. His dates are correct. Divorce timing doesn't play into when to file RoC.

15 minutes ago, Mellamanlola said:

I think that if you went through the consular process you come with a 10 year GC. For K1 and other visa adjustments within the US then you get a conditional GC. You should definitely have a consultation with an experienced immigration lawyer. I know Brad Berstein, he is in NY but he does phone consultations, check him out.

Nope, consular vs AoS doesn't matter one bit. The only thing that matters is how long one has been married when admitted into the US on a spousal visa or when AoS is approved after K1 or other statuses. (Well AoS from K1 is pretty much guarantees a 2 year GC unless the AoS adjudication takes inordinately long. Some couples adjust from other statuses and get the 10 year GC because they've already been married more than 2 years by the time the AoS is approved.)

Edited December 28, 2018 by mushroomspore

[geowrian 22,335]

25 minutes ago, Mellamanlola said:

I think that if you went through the consular process you come with a 10 year GC. For K1 and other visa adjustments within the US then you get a conditional GC. You should definitely have a consultation with an experienced immigration lawyer. I know Brad Berstein, he is in NY but he does phone consultations, check him out.

Conditional residence is based upon the duration of the marriage at the time of attaining permanent residence. For consular processing, this is upon entry on the immigrant visa. For AOS, this is upon approval of the I-485.

[Sellamalola 222]

40 minutes ago, mushroomspore said:

OP was admitted in January 2017, presumably on a spousal visa. His GC would be valid from Jan 2017 to Jan 2019. His dates are correct. Divorce timing doesn't play into when to file RoC.

Nope, consular vs AoS doesn't matter one bit. The only thing that matters is how long one has been married when admitted into the US on a spousal visa or when AoS is approved after K1 or other statuses. (Well AoS from K1 is pretty much guarantees a 2 year GC unless the AoS adjudication takes inordinately long. Some couples adjust from other statuses and get the 10 year GC because they've already been married more than 2 years by the time the AoS is approved.)

Ooooooh I thought it was different with consular processing 🤔 nice to know 

[USS_Voyager 1,971]

They generally don't make mistakes like this. I know this has been asked 5 times, but OP, are you sure that at the time you entered the US (Jan 2017), you had not been married for 2 years? Date of marriage is the date you signed the paperwork to marry, not when the wedding occurred... just quadruple checking....

[dwheels76 5,461]

13 hours ago, banteras said:

And suppose that i file today and receive the notice. After 2-3 months they will send new card.

And lets say they send it. What card will be this with what expiration date? My status techically expires 28 January 2019. They will send me a new card with expired date?

Processing for I-751 is 15 to 17 months. They are just on August 2017 filers for all service centers.

 

File like advised then wait for your extension letter which is now for 18 months (cuz it's taking that long). It's taking 4 to 8 weeks to get the letter after filing.