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Gamisha

Received a notice to remove conditions even if I have a 10 years green card

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Filed: AOS (pnd) Country: Italy
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Hello,

I currently have a 10 years green card that expires in 2031. At the time of my adjustment of status interview I was married to my US citizen husband for more than 2 years, but after the interview they wrongly sent me a green card that was expiring in 2 years. So, I filed a i90 and requested to replace the 2 year green card with a 10 year one, since the conditions shouldn't applied to me because when I became permanent resident I was married 2+ years. My i90 was approved and they sent me a new 10 years green card after a couple months and I have been using that one since. Today I received in the email a notice that says that I should apply to remove the conditions on my permanent resident card. Unfortunately, this was sent back in September but they had my old address on file (even if I filed an AR-11 as soon as I moved almost 2 years ago) and the notice got resent to right address only in January. What should I do? Should I contact USCIS? Or should I ignore the notice, since I have my 10 years green card? 

I am afraid that in their system I am a conditional permanent resident and I am outside the time of filing for the removal of conditions. I have been a permanent resident since January 5, 2021.

Thank you in advance for your advise.

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*** Moved from AOS from K1 Visas Progress Reports to ROC General Discussion ***

 

11 minutes ago, Gamisha said:

should I ignore the notice, since I have my 10 years green card?

 

Ignore it.  Your marriage certificate, I-485 approval notice, I-90 approval are more than enough proof that you are rightfully entitled to your 10-year GC.

 

16 minutes ago, Gamisha said:

they had my old address on file (even if I filed an AR-11 as soon as I moved almost 2 years ago)

 

Did your USC husband also mail in an I-865?  If not, he should, so you have more paper trail that you did everything required to update your address info with USCIS.

 

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Filed: AOS (pnd) Country: Italy
Timeline
8 minutes ago, Chancy said:

*** Moved from AOS from K1 Visas Progress Reports to ROC General Discussion ***

 

 

Ignore it.  Your marriage certificate, I-485 approval notice, I-90 approval are more than enough proof that you are rightfully entitled to your 10-year GC.

 

 

Did your USC husband also mail in an I-865?  If not, he should, so you have more paper trail that you did everything required to update your address info with USCIS.

 

Thank you for your reply. 

My husband hasn't filed an i-865 - I will look into filing. I also realized that when I filed my AR11 online I haven't linked to any cases, since I didn't have any case pending at the moment (my AOS was approved and I had my 10 year GC) so maybe that's why it got sent to my old address?

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11 hours ago, Gamisha said:

I also realized that when I filed my AR11 online I haven't linked to any cases, since I didn't have any case pending at the moment (my AOS was approved and I had my 10 year GC) so maybe that's why it got sent to my old address?

 

USCIS messing up filed address changes is a common issue, so I doubt your AR-11 filing is unusual.  Just have your husband mail in the I-865.

 

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Filed: AOS (pnd) Country: Italy
Timeline

I ended up calling USCIS this morning and the first representative I spoke to told me that I shouldn't have the 10 year GC, and that I should have filed for the removal of conditions. They escalated me though, so now USCIS is calling within the next 30 business days and they suggested me that meanwhile I should seek legal advise since I am already out of the timeline to file the removal of conditions. I, then, called USCIS again and this time another representative told me to disregard the notice. I am so confused!

Edited by Gamisha
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10 minutes ago, Gamisha said:

I ended up calling USCIS this morning and the first representative I spoke to told me that I shouldn't have the 10 year GC, and that I should have filed for the removal of conditions. They escalated me though, so now USCIS is calling within the next 30 business days and they suggested me that meanwhile I should seek legal advise since I am already out of the timeline to file the removal of conditions. I, then, called USCIS again and this time another representative told me to disregard the notice. I am so confused!

You spoke to tier 1 agent, they're much less knowledgable than members of this forum.

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Filed: Citizen (apr) Country: Taiwan
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18 minutes ago, Gamisha said:

told me that I shouldn't have the 10 year GC, and that I should have filed for the removal of conditions.

100% inaccurate if you were married for 2 years or longer on the day the Adjustment of Status was approved.  Ignore the reminder email from USCIS.

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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Filed: AOS (pnd) Country: Italy
Timeline
5 minutes ago, Crazy Cat said:

100% inaccurate if you were married for 2 years or longer on the day the Adjustment of Status was approved.  Ignore the reminder email from USCIS.

Thank you all! 

I actually received a letter, a form I-797 Notice of Action. I missed wrote my first post.

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Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, Gamisha said:

Thank you all! 

I actually received a letter, a form I-797 Notice of Action. I missed wrote my first post.

It is just a reminder from USCIS, correct?  

"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: AOS (pnd) Country: Italy
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1 minute ago, Crazy Cat said:

It is just a reminder from USCIS, correct?  

Yes. "Notice type: Reminder to File I-751"

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Filed: Citizen (apr) Country: Canada
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52 minutes ago, Gamisha said:

Yes. "Notice type: Reminder to File I-751"

Ignore it.  

 

We had to file an I-90 for Kid2 because their greencard was issued as a CR-2 instead of and IR-2.  Same thing happened - got a reminder to file ROC after we'd already received the corrected greencard.  Nothing has happened.  We're still keeping calm and carrying on.  Haven't had any issues and we've traveled out of country and back again. 

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

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Filed: AOS (pnd) Country: Italy
Timeline
1 hour ago, mam521 said:

Ignore it.  

 

We had to file an I-90 for Kid2 because their greencard was issued as a CR-2 instead of and IR-2.  Same thing happened - got a reminder to file ROC after we'd already received the corrected greencard.  Nothing has happened.  We're still keeping calm and carrying on.  Haven't had any issues and we've traveled out of country and back again. 

Thank you! This is really helpful!

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Filed: AOS (pnd) Country: Italy
Timeline
9 hours ago, Chancy said:

 

USCIS messing up filed address changes is a common issue, so I doubt your AR-11 filing is unusual.  Just have your husband mail in the I-865.

 

A question regarding the i-865: my husband filled the form and it asks for the effective date of change of address - this is June 2021. Reading the instructions, we noticed that the sponsor is supposed to notify USCIS within 30 days of the change of address, and if they fail to do so they can incur in "a fine not less than $250 or more than $2,000". Does that mean that we might need to pay a fine?

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5 hours ago, Gamisha said:

A question regarding the i-865: my husband filled the form and it asks for the effective date of change of address - this is June 2021. Reading the instructions, we noticed that the sponsor is supposed to notify USCIS within 30 days of the change of address, and if they fail to do so they can incur in "a fine not less than $250 or more than $2,000". Does that mean that we might need to pay a fine?

No one I know who filed late ever had to pay the fine. Just send it in. 

ROC 2009
Naturalization 2010

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