Conditional Green Card

[RaiO]

Hi,

I'm a US citizen married to a foreign national, we got married two years before applying for the permanent residence, but when she received her permanent residence it was a conditional one. I have been doing some research and it says everywhere that the conditional is only if we have been married for under two years. The problem is that every time I call USCIS they tell me that the first one is always conditional. I think they are wrong but i can't find any official document to support it. Does anybody know where i can find that information?

Thanks
Rai

[PraetorianXI]

just search within www.uscis.gov for "Green Card" or "Lawful Permanent Residency".

If you were married for more than 2 years by the date you applied, you should have gotten 10 years residency... is the default, but it is not a big deal either... it just means your business with USCIS is not done yet. You will have to remove the conditions of that residency.

How? by filing I-751 before (within 90 days) the 2 year anniversary of the day you were awarded residency. Then you will receive an extension letter and/or a 10 year Green Card.

[LucyMO]

You do not need to remove conditions. It's an administrative error. Use form I-90 (you don't need to pay a fee), attach proof that you have been married for more than two years at the moment of her petition adjudication/entrance with immigrant visa, and a cover letter explaining the administrative error.

[Triple Citizen]

Rai,
Did your wife come to the US on a K-1 visa? If so, some adjudicators give K-1 AOS applicants two years regardless of how long the marriage is at the time of approval.