pront

I didn't post before, when we sent the I 751 form in June 2010. I thought I would now.

Yesterday , the application was approved. Please, include my info if you'd like, too:

Form was received by USCIS on 06.21.2010

Bio was on 07.22.2010

Approved on 09.21.2010

When they return your petition, do they stamp the money order you sent and if they do, can you send the same money order when you resubmit or do you have to send a new one?

There are 3 possible scenarios to this:

1) your friend is an idiot or a liar.

2) your friend got married before 1986 when IRCA was implemented.

3) your friend got his 10-year card in error. That happens, and it's bad, because even though it's not his fault, he is expected to correct the error, and remove conditions like he would if he had received a 2-year card. If he doesn't, his residency expires. The moment it is detected, i.e., if he files for naturalization, he's screwed, big time.

You see, even if he tries to file I 751, they may reject it because the system shows he has no conditions. I have seen it on this board- people file I 751 and it gets rejected because they received a 10 year card by mistake. And the USCIS doesn't want to take their I 751. What are these people supposed to do?

Hey Pront, can you give us some more details?

Under which status did you enter the US? K visa? Tourist? etc.

When did you enter?

When did you get married? Have you checked that the right date is on your forms/certificate?

I am curious if there may be some irregularity that has been missed...

There are no irregularities. The USCIS simply made a mistake and sent a 10 year card instead of a 2 year card. Or they may have some secret regulation that allows them to issue those cards despite the marriage being less than 2 years old. I just would like to be sure that if they reject my I 751, they will not hold their own mistakes against me in the future, which they are famous for.

And surprisingly, this happens quite often judging by what I have seen

We called USCIS first. They said everything was fine. I didn't trust them. Talked with someone at the local office and they said it was OK. I didn't think they knew very much or really cared. Sent off the I-751 for lifting of conditions with a note about the problem but they returned everything including the check with a letter telling us that we did not need to lift conditions. I am keeping that letter and the complete I-751 package in a safe place just in case there is a problem down the road.

Did you ask the people at the local office WHY they send 10 year cards to those who were married less than 2 years? Is it covered by any of their memos or regulations and whatnot? There HAS to be some official document that addresses such instances since it happens more often that one might think.

We called USCIS first. They said everything was fine. I didn't trust them. Talked with someone at the local office and they said it was OK. I didn't think they knew very much or really cared. Sent off the I-751 for lifting of conditions with a note about the problem but they returned everything including the check with a letter telling us that we did not need to lift conditions. I am keeping that letter and the complete I-751 package in a safe place just in case there is a problem down the road.

Thats what I am concerned about. They may claim all is fine but their words now may be worthless years in the future when they change their mind and tell you that a mistake was made and you have to pay for this mistake. They are so capable of this!

Make an infopass appointment and speak to someone there. or send the card back stating "USCIS error" or something. Like Bob said, might be okay for now, but the ###### could hit the fan later.

Do they make decisions at Infopass and is this decision final? Can they change their mind in the future if they tell you now that you don't need to remove conditions? That's what concerns me

We have similar anxiety, but mine is a DL (human erroneous?). However, when I received my Driver License, I was stunned with the expiration date-5 years, while I was on conditional status. By the law, if you have conditional greencard, your DL expired on the same date of your conditional greencard expiration date. In addition, I went to DMV for date correction, but they refused to do so. Long short story, I went to DMV again in Nov. 2009 to update my status when I received my unconditional greencard. They told me that they only update my status when I renew my DL. Well, this is not my fault if they will bite my butt. I will bite them back. I did my part already.

By the way, to the OP. Don't worry about this. Keep all your receipt, and etc that can prove you didn't just sleep with your 10 years greencard.

He could not worry about this if the people at the USCIS honored their own decisions, but they don't and can turn on a dime. They will tell you you are fine up until the moment when they out of the blue decide you broke their rules

So does anyone has a definitive answer to this problem? Do you have to remove conditions and does the USCIS allow you to remove conditions if their system shows you don't need to do it?

So does anyone has a definitive answer to this problem? Do you have to remove conditions and does the USCIS allow you to remove conditions if their system shows you don't need to do it?

You get a 2 year conditional green card in you're married less than two years and a 10 year green card of married 2 or more years. The unconditional (10 year GC) requires the I-751 for removing the conditions on the GC...

There are many cases when people receive a 10 year card when they were married less than 2 years, that's what makes it tricky

hi guys,

im new here and have a question about green card. my wife got approved and received her green card . she was sent the 10 year but at that time we was only married 1 year. i thought 10 yr. was for couples that were married 2 or more years? is it possible they can do this? its like they jumped over conditinal and went straight to permanent. is there a difference in the way the conditional and permanent resident card looks. any info will be helpful..

how did it end? did you remove the conditions?

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!

so how did it end? Did you remove the conditions after all and did the USCIS accept your i 751?

I just looked through all the posts regarding the 10 year green card received by people who were married less than 2 years before getting approved and found that most of those who did get such a card didn't tell us about what eventually happened. Can anyone of you who received the 10 year card in error share the results of your communications with USCIS please? Did you remove the conditions after all and did the USCIS accept your i 751?