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Insha

Husband received conditional greencard despite being married 5 years

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Hi guys, 

 

My husband immigrated in March of 2020 and after 1 year of waiting for his greencard, when he finally got it it was a Conditional card. We have been married since 2016 and I had originally filed for him in 2016 so I thought maybe it was an error. Based on other peoples' advice, I filed an I90 to fix the error but they mailed us a letter saying we need to continue to wait until the date to file to remove the conditions off his greencard as well as pay the fee. Basically, they don't think it's an error. I called uscis and spoke to 2 individuals who told me that the condition is based off when I applied and that since I applied a few months after my marriage the greencard is Conditional. I don't understand how that is remotely even accurate at all, even when his visa was approved we were 4 years into our marriage. Someone please help me understand how this is right when on USCIS' website it states that a Conditional card is for those who had their visa approved less then 2 years into their marriage. Right now they are telling us to file to remove the conditions and pay the almost $700 fee as well as go in for the marriage interview which we are looking at another 15 months for the whole process. Does anyone have any advice for us? Thank you

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1 minute ago, Crazy Cat said:

If the time between your marriage and the time when he became a legal resident was 2 years or more, then he should gotten a 10 card....period.   There is no question.......period.  You spoke to idiots at USCIS.

Thank you sir I knew I wasn't crazy, I'm honestly so frustrated with those people. They claim it's based off the filing date vs when he became a resident.

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Filed: Citizen (apr) Country: Taiwan
Timeline
4 minutes ago, Insha said:

Thank you sir I knew I wasn't crazy, I'm honestly so frustrated with those people. They claim it's based off the filing date vs when he became a resident.

They are wrong.

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

 

image.thumb.png.49274dfe16b995ab727cbbf2b76a333e.png

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: F-2A Visa Country: Nepal
Timeline

What options did you check on i90 and what documents did you provide to point their error?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Myanmar
Timeline

Based on the OP, I completely agree with the  answer is that he should have had a 10 year green card.
 

Please fill out your timeline though.  
 

I am curious though if he was issued a CR-1 or IR-1  visa?

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1 hour ago, Insha said:

Hi guys, 

 

My husband immigrated in March of 2020 and after 1 year of waiting for his greencard, when he finally got it it was a Conditional card. We have been married since 2016 and I had originally filed for him in 2016 so I thought maybe it was an error. Based on other peoples' advice, I filed an I90 to fix the error but they mailed us a letter saying we need to continue to wait until the date to file to remove the conditions off his greencard as well as pay the fee. Basically, they don't think it's an error. I called uscis and spoke to 2 individuals who told me that the condition is based off when I applied and that since I applied a few months after my marriage the greencard is Conditional. I don't understand how that is remotely even accurate at all, even when his visa was approved we were 4 years into our marriage. Someone please help me understand how this is right when on USCIS' website it states that a Conditional card is for those who had their visa approved less then 2 years into their marriage. Right now they are telling us to file to remove the conditions and pay the almost $700 fee as well as go in for the marriage interview which we are looking at another 15 months for the whole process. Does anyone have any advice for us? Thank you

Do not let USCIS play you around. They must correct their error. I would tryna get an info pass, go in there and trash it out with them and contact your congress person. Do not let them rest for a sec. It’s your right. 

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Filed: Citizen (apr) Country: Taiwan
Timeline
5 minutes ago, mushroomspore said:

Ok this is the reason for the confusion. He should have gotten IR-1 since CR-1 is only for couples married less than 2 years on date of entry. Technically, the border agent should have caught it and updated it or your husband should have asked for it to be changed to IR-1. 

 

Before you file a second I-90, you probably need to go to a CBP Deferred Inspection location to have CBP update it from their end too. List of locations here: https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

 

Even so, the card is not determined by CBP at the border.  It is determined by USCIS records after entry when the card is processed.  In addition, USCIS should have corrected the card based on the OP's I-90 which was filed. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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10 minutes ago, mushroomspore said:

Ok this is the reason for the confusion. He should have gotten IR-1 since CR-1 is only for couples married less than 2 years on date of entry. Technically, the border agent should have caught it and updated it or your husband should have asked for it to be changed to IR-1. 

 

Before you file a second I-90, you probably need to go to a CBP Deferred Inspection location to have CBP update it from their end too. List of locations here: https://www.cbp.gov/contact/ports/deferred-inspection-sites

 

 

The border agent did tell him it needs to be updated to an IR1 but he didn't update it for him he just told him to get it updated. Do you know how we can update it or should we go to a USCIS office and request and update?

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Filed: Citizen (apr) Country: Russia
Timeline
8 minutes ago, Insha said:

The border agent did tell him it needs to be updated to an IR1 but he didn't update it for him he just told him to get it updated. Do you know how we can update it or should we go to a USCIS office and request and update?

Only USCIS can update the card to IR-1. I-90 is the proper method, USCIS is just refusing to understand the situation it sounds like.

 

Edit: I also recommend making an Infopass appointment and talking to someone face-to-face at USCIS, if possible.

Edited by millefleur

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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