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NewToAmerica

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    NewToAmerica got a reaction from Mollie09 in Married less than two years, issued F21 visa, with F21 at POE, and F21 category Green Card!?   
    Ok - I have an interesting update on this. I had an INFOPASS appointment at Providence, RI, and took along my marriage certificate, all my paperwork/application forms, and also a printout of the relevant page from the INA that states a spouse of a USC or LPR married less than two years at the time of admission or AOS should be conditional. The IO was extremely friendly and helpful and after checking the regulations himself agreed that I should have status C21 (Spouse of a Permanent Resident - conditional) instead of F21 (Spouse of a Permanent Resident). He set about the process to change my status in the system to C21, and he said he is notarizing my file to state that I am indeed a conditional resident and that I have pro actively brought this to USCIS's attention in person (he said this would look good when I apply for naturalization under the 'good moral character' heading!).
    He then said that there was no need to send my card back to get it changed as what mattered was what was held in their system, not what appears on the card. He said that I should ensure that I apply for ROC 90 days before the two year expiration date. I expressed concern about having an incorrect card but he said it doesn't matter at all as it what the actual system says that matters. He said I could apply to change the card if I so wished, but that it wasn't worth the hassle and the waiting for a new card and that to be honest it saves resources and money for USCIS. He said that when I apply for ROC they would see that I am a conditional resident under C21 and they would adjudicate the application accordingly. He said that they would know why my card says 10 years and F21 because he has noted it on the system, so it won't confuse them.
    He then prepared a letter (typed it out there and then!) on USCIS headed paper that confirms my conditional status, the category (C21), the date my status expires, the date in which I should apply for ROC from, and the fact that I am holding a valid Permanent Resident Card, but with an incorrect status code and expiry date, and finally that I had brought this error to USICS's attention in person, with the date, time, and his name and agent ID!
    AND....I even got offered a coffee! WOW!
    So, there you have it. I am changed to conditional status in the system, but don't need to change my Green Card over.
    Oh, and apparently the agent said that this was the preferred method by USCIS in these cases, rather than i) applying to change the card, and ii) leaving everything as it is and then applying for ROC with incorrect unconditional status (as this confuses USCIS and causes delays and more paperwork).
    Sorted!
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