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Received 10yr GC instead of 2yr GC

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  • Received 10yr GC instead of 2yr GC

    Hi,

    I am new here and want to know if anyone here had a similar case as my husband where he was granted a 10 yr GC instead of a 2 yr GC before our second anniversay?

    We had our AOS interview back in Mar 2006 and my husband's GC was approved for 10 years, 6 months before our second wedding anniversary.

    Do we still have to file I-751 to lift conditions?

  • #2
    Hi,

    I am new here and want to know if anyone here had a similar case as my husband where he was granted a 10 yr GC instead of a 2 yr GC before our second anniversay?

    We had our AOS interview back in Mar 2006 and my husband's GC was approved for 10 years, 6 months before our second wedding anniversary.

    Do we still have to file I-751 to lift conditions?

    Comment


    • #3
      Congrats
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by catcathy:
      Hi,

      I am new here and want to know if anyone here had a similar case as my husband where he was granted a 10 yr GC instead of a 2 yr GC before our second anniversay?

      We had our AOS interview back in Mar 2006 and my husband's GC was approved for 10 years, 6 months before our second wedding anniversary.

      Do we still have to file I-751 to lift conditions? </div></BLOCKQUOTE>
      "If there is anyone out there who still doubts that America is a place where all things are possible, who still wonders if the dream of our founders is alive in our time, who still questions the power of our democracy, tonight is your answer." -US Pr

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      • #4
        Thanks,

        But I still need to know if we have to file I-751 on a 10 yr GC that was supposed to be a 2 yr GC that my husband received before our second wedding anniversary?

        Comment


        • #5
          Hi catcathy and welcome to ILW

          If they gave him a 10yr Green Card then there should not be a removal of conditions. A permanent resident card is just that, permanent with no conditions like the other one.

          They may have made a mistake, but I have heard of people having the straight 10yr GC because they were married close to the 2 yrs by the time the GC was being issued and there was no doubt in USCIS minds that the marriage was bonafide. They didn't think there was any fraud obviously.

          What is the timeline exactly..

          When were you married, AOS (march 06), and when was receipt of GC?

          Not sure if this makes a difference or not but was he already here for another reason and AOS through marriage or did he come over marriage based?
          -----------------------------------------------------------------------------------------------
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          Comment


          • #6
            two year green cards are only for those who have not been married two years at the time they filed for residency. If you were already married two years or more, no conditional status. Don't complain, be happy with your happy marriage.

            Comment


            • #7
              what's a date on his GC - resident since? is that date before or after your 2nd anniversary?

              Anyway, I've read about the similar cases with mixed outcomes. It seams to me that it all depends who made a mistake in the first place.. whether USCIS expects your I-751 or not. One couple sent I-751 even though they had 10 year GC, and USCIS returned the package as not needed. The other did not do anything, and later got a letter saying GC has been terminated since I-751 was not filed.
              Start by making info-pass appointment in your local office and see what they have to say.

              BTW, if he got his GC in the mid 2006, 2 years would be mid 2008 - why do you ask the question now?

              Comment


              • #8
                Thanks everyone for your responses and help

                Well I went ahead and made an InfoPass appointment for today and was told that it was not a mistake when they had issued him the 10 yr GC.

                When he first got his 10 yr GC, I called USCIS right away back in 2006 because I thought it was sent in error instead of the 2 yr GC because we were still 5 months away from our second wedding anniversary. Reason I asked even now is because I was still wondering if we still had to file I-751, even though we were told back in 2006 that it was not a mistake.

                Sprint_girl, we were married in June 2005, had AOS in March 2006 and received 10 yr GC on Dec 2006. My husband came here originally on a K-1 visa.

                Comment


                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by catcathy:
                  Thanks everyone for your responses and help

                  Well I went ahead and made an InfoPass appointment for today and was told that it was not a mistake when they had issued him the 10 yr GC.

                  </div></BLOCKQUOTE>

                  And you have their assurance based on what uscis reasoning that someone explained to you?

                  I sure hope that when citizenship is applied for that you are not in for a rude awakening.

                  Suggest that you make sure that you make another infopass and make sure that you speak with a supervisor who will explain to you the basis that this greencard was NOT granted in error.

                  Comment


                  • #10
                    I've read of cases like this before where the 10yr card was issued by mistake and the USCIS then revoked it because of a non-filed I-751. As Sammy said, don't take the word of any officer without it in writing. When dealing with the USCIS, it'll always be your fault unless you can prove otherwise.
                    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                    Comment


                    • #11
                      I would suggest getting an appointment with the Field Office Director of the office having jurisdiction over your place of residence. Have that person address the issue. If they don't correct it, ask them to place a memorandum in your A file to explain the situation. Might be easier for an attorney to get an appointment with the Field Office Director.

                      Comment



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