Thilo

Check the law: INA 216 (a) (1) says that anyone who adjusts status based on a marriage that is less than 24 months old is a conditional permanent resident, regardless of what paperwork they may have. INA 245(d) says that a K-1 holder cannot adjust status to anything other than conditional permanent resident status (regardless of the age of the marriage at the time of adjustment).

It's clear that if you came in on a K-1, married, and adjusted status before your marriage was 2 years old, the law says you are a conditional permanent resident, regardless of what your green card says. If the USCIS made a clerical error and gave you a 10 year green card, that doesn't relieve you of the need to file a petition to remove conditions.

Fortunately, you HAVE filed such a petition, but they haven't accepted it.

The sad fact is that when the USCIS makes a mistake, the immigrant can end up paying for it big time.

I don't know what the correct procedure is here, but I'm firmly in the camp of "don't ignore it". I'd work to get them to accept and adjudicate the I-751. If you don't, you could one day find yourself deportable because you're a conditional permanent resident who didn't complete the removal of conditions process. I'd contact a congressman, immigration attorney, USCIS ombudsman, and/or anyone else you can think of.

Did the back of the letter have any place to write to appeal their decision?

Hi Lucy! Thanks for your post- you reviewed the situation pretty good... and I have to say I am glad we filed the I-751... but I guess we still need to sort this out...

Stop.

Speak to a qualified immigration attorney before you make that infopass.

Your travel outside the United States after the technical expiration of your status concerns me.

I left the country twice (to Germany, China) on my 10-year GC after my technical expiration of status. No problems at all at the POE- just "welcome back".

What category are you according to your greencard? IR1 or CR1? If you're IR1, you are a legal permanent resident. If it's CR1, then you're a conditional permanent resident and need to remove the condition.

I checked my 10-year GC... under "Category" it says "K1". So no clue here!

- did they return your money?

They put their stamp on my check but returned it to me.

I guess I should make an Infopass appointment. It's true- when I file for naturalization they will probably look into my file... and see that I came on a K-1.

Hi there!

I came on a K-1 visa, got married and received my Green Card shortly after our AOS Interview. However, I was issued a normal 10-year Green Card instead of the conditional 2-year Green Card.

To be on the safe side we filed the I-751 “Removal of Conditions”. We were assuming that an erroneous GC doesn’t change my conditional status- we put together the complete I-751 package and sent it off in the appropriate time window.

Now it starts getting even stranger. Within two weeks the I-751 package was returned to me with a rejection notice saying: “You do not have conditional resident status. Therefore, there is no need to file an I-751”

See scanned PDF of I-751 Rejection Notice…

Well, if the USCIS is telling us I don’t have conditional resident status- what else shall we do???

Four month have gone by and I am starting to get uneasy… what if I am out of status regardless of what the USCIS is telling us? It wouldn’t be the first time they screwed up… I consider getting naturalized this year and I am worried that this will create problems.

Since my 2-year conditional status “expired” in 09/2008 I left the USA twice on my 10-year GC (Germany, China, POE: San Francisco). There were no problems at all when I came back to the US. Not a single question regarding status, no secondary inspection, nothing- just “welcome back”!

Before I my K-1 visa I had a J-1 visa and was working at UC Berkeley for a year. Could this be the reason why I don’t have conditional resident status?

Any ideas? Thanks a lot!

I751_Rejection_Notice.pdf

Thanks a lot for the input!

Well, I guess I will have to apply to lift conditions in two years. I just don't know if I should turn in my 10-year GC and try to get the 2-year GC. My status remains the same regardless of a erroneous GC, right? I really don't want to go through the ordeal of exchanging cards and risking to wait forever for a new GC: I frequently need to travel abroad to see my parents who have health problems... without GC or AP I cannot leave the country!

I am so annoyed with USCIS! Why can't they just do their job? That's what I pay for!

Hi there! Thanks for the comments!

Well, I think I shouldn't stir up things right now. I am interviewing for jobs at the moment and don't want to risk that USCIS confiscates my Green Card... who knows how long it takes them to issue the new GC? I experienced enough unexplainable delays... and my future employer would not be satisfied with the Welcome Notice as work authorization... also, I haven't received my EAD yet...

I might tackle the issue next year when I am settled in... Personally, I figure nothing would happen if I just keep the 10-year GC and apply for citizenship after 3 years...

This is just an other example how unorganized and sloppy this government agency is.. they do way to many mistakes.. I suggest they should hire a McKinsey team to change their organizational design..

Thilo,

Yes, you do. An card with an error on it does not change what your status is.

As for what to do about the erroneous card. I can think of 3 things that I might do.

- Ask an immigration attorney what I should do.

- Send an I-94 requesting a corrected card, no fee due to USCIS error.

- Make an InfoPass appointment and ask someone in my Sub Office what to do.

Yodrak

Hi there!

We just had our AOS Interview a couple of weeks ago. I received the Green Card shortly after the interview, however, I was quite surprised to see it's a normal 10-year Green Card.

I came on a K-1 visa and we got married right after my arrival - so I should have gotten a conditional 2-year Green Card, right? I am not complaining about the 10-year GC, but I am just wondering if I still need to apply to lift conditions after 2 years?

Thanks!

Hi there!

We just had our AOS Interview a couple of weeks ago. I received the Green Card shortly after the interview, however, I was quite surprised to see it's a normal 10-year Green Card.

I came on a K-1 visa and we got married right after my arrival - so I should have gotten a conditional 2-year Green Card, right? I am not complaining about the 10-year GC, but I am just wondering if I still need to apply to lift conditions after 2 years?

An other issue is the EAD/AP: I never received anything.. why did I spend $350 on these applications? How can I apply for reimbursement?

Thanks!

Hi there!

I sent off my AOS application yesterday. However, when I looked over the I-485 today, I got a little bit confused about the "Nonimmigrant Visa Number" on page two. I put in the "Control Number" from the K-1 visa.. I didn't realize that there was an other number in red.. which is the right one?

Well, I enclosed a copy of my K-1 visa - so they should be able to figure out the right number.

Thanks, cheers T.Lo

Really? They sent someone back because of that? If the name or birth date is wrong I would understand... but the gender? Can't they look in the sealed envelope to verify the information?

Hi there!

I just got my passport with the K-1 visa in the mail. However, they put in the wrong gender: f instead of m! My flight is in three days, I won't be able to get a new visa on time...

Is there a chance that I will be rejected because of that?

Thanks!

Thanks for your insights!

I'll have a civil surgeon in the US transfer my vaccination data to the I693A.

Well, ja I think you are right.. I mean, I could probably convince the panel physician to fill out the I693A.. but I am not sure if I should take the risk.. on the I-693A form it says "to be completed by civil surgeon only".. I don't wanna receive a RFE when I file for AOS..

So I'll probably take the save way and have a civil surgeon in the US transfer the vaccination documentation to a I-693A..

Yes, he was an approved panel physician from the US consulate.

I am just not sure if I should take the risk.. on the I-693A form it says "to be completed by civil surgeon only".. I don't wanna receive a RFE when I file for AOS..

So I'll probably take the save way and have a civil surgeon transfer the vaccination documentation to a I-693A..

Hi there!

A couple of days ago I had my K-1 visa interview in Frankfurt, Germany. I had my medical prior to the interview and the doctor gave me the missing vaccinations. However, I did not receive any medical documentation nor the DS-2025 vaccination worksheet.

My questions:

Can I send the Panel Physician a blank I-693A form and ask him to complete it?

When I file for AOS, does USCIS accept an I-693A Vaccination Supplement from a foreign Panel Physican?

Or in other words: Does a foreign Panel Physician have the same status as a Civil Surgeon in the US?

Thank you!

... and by the way: Does the I-693A need to be in a sealed envelope?

Hi there!

A couple of days ago I had my K-1 visa interview in Frankfurt, Germany. I had my medical prior to the interview and the doctor gave me the missing vaccinations. However, I did not receive any medical documentation nor the DS-2025 vaccination worksheet.

My questions:

Can I send the Panel Physician a blank I-693A form and ask him to complete it?

When I file for AOS, does USCIS accept an I-693A Vaccination Supplement from a foreign Panel Physican?

Or in other words: Does a foreign Panel Physician have the same status as a Civil Surgeon in the US?

Thank you!

... and by the way: Does the I-693A need to be in a sealed envelope?

No worries!

More important: Check if your J-1 visa comes with the two-year home residence requirement (HRR). Even if it is not printed on the visa itself, you maybe subject to that rule. However, I don't think you are subject to HRR as you haven't received government funding!

Hi there!

Our K-1 petition has been approved and I returned packet III to the US consulate in Frankfurt/Germany.

However, I am a former exchange visitor who came on a J-1 visa (including the two-year residence requirement) to the states. Therefore, the US consulate sent more forms (DS-230 Part II and "statement of exchange visitor alien" - see attached PDF) on which I have to disclose further details about my J-1 stay in the US (if government funding was involved etc). They also asked for copies of my J-1 visa and the associated DS-2019. According to their forms I am going to be ineligible for a K-1 visa as I haven't fulfilled the two-year home residence requirement (HRR).

About ten month ago I applied for a waiver of the the HRR (based on "No objection") and got a favorable recommendation from the Department of State (DOS). The favorable recommendation was forwarded to the California Service Center (CSC) which is supposed to make the final decision and issue the actual waiver. However, CSC was not able to process the application within their projected processing time of 60 to 90 days. The case is still pending.

Has anyone experience regarding such a case? Is it possible to obtain the K-1 visa based on a pending J-1 waiver application/favorable DOS recommendation?

Any help gratefully appreciated!

Thilo

Statement_of_exchange_visitor_alien.pdf

Hi there!

I know that the K-1 is valid for 90 days... but: starting from the issue date or from the date of arrival in the US?

Also: If a temporary work authorization is issued, how long is it valid? Is it possible to receive the EAD before the temporay work authorization expires.. in other words: Is it likey that I can continue working without a break?

Thanks!

Thilo