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Thread: Received 10yr GC instead of 2yr GC

  1. #1
    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. #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?

  3. #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

  4. #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?

  5. #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?
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  6. #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.

  7. #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?

  8. #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.

  9. #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.

  10. #10
    Member
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    Though INS does approve a permanent residency without any condition attached, on a case-by-case basis, even if marriage is less than 2 years at the time of approval on I-485 (AOS), but only in a situation when marriage is just a few days away from having two years of anniversary and not 5 months away. Thus, there is no doubt left in my mind that it's a mistake on USCIS part.

    Take the advice of Aneri and 4now; otherwise your husband's status be terminated and he will find himself in a removal proceeding. He should go back to local INS office and request to speak to the supervisor. Get in writing that this is not a mistake or that he doesn't need to file I-751 to remove the condition. This way he would have something to hold on to if he should find himself in a removal proceeding. He shouldn't take any officer's word on a face value because they wouldn't be there to testify for him if something goes wrong. This is a very serious matter and should not be ignored.

    Good luck....


    <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>

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