Conditional greencard despite married for more than 2 years

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leeron1

Registered Users (C)
Is it possible that someone is given conditional greencard even if the approval was way after the second anniversary of the marriage? Do they HAVE TO issue the 10 year unconditional green card or they MAY issue conditional one even if you passed your 2 year anniversary? what can you do if they give you conditional PR status? can you complain and force them to change your status to unconditional or is it up to the adjudicating officer?
 
Did you actually get a 2 year green card after being married more than 2 years, or is this just a hypothetical?
 
They HAVE to issue you a 10-year card if your marriage is more than 2 years old at the time of approval. If they didn't, it's a mistake, and it should be corrected.
 
It's not hypothetical I only got the welcome letter from the DO and the status says CR6 not IR6, and I also got a notice to conditional permanent resident letter in the envelope. I'll wait for the greencard to arrive, and see if it is 10 year or 2 year one. BTW we were married for almost 3 years at the time of approval.
 
Hmm.. well I wouldn't worry until you have the green card personally, might just be a mistake on the welcome letter, but it seems a little odd that you got a welcome letter marked "CR6" (I just checked mine and it says IR6). Did you have an interview?
 
I had two interviews. The first one was in july, and there was no decision made . We were interviewed again on febr. 09, we were questioned separately. We were also investigated if our marriage was real, and they found out it was bona fide so they approved us. I just don't understand why didn't they give us conditional status right after the first interview then? Now the 3 years for my citizenship started to tick after the second interview, plus we have to lift conditions despite the fact that we've been almost married for 3 years? If they're not sure about the validity of the marriage than they should've denied my application, there's no such thing as a little bit approved. I feel it is discrimination against us.
 
"Don’t assume malice when a mistake may lie at the root of all evil".

I.e. before yelling "discrimination" (which people do all to often when things don't go their way), try to figure out why this might be happening. If/when the Green Card arrives with a 2 year expirey, go make an infopass and find out why.
 
don't have to make an infopass appt. USCIS makes this mistake quite often judging from the forums.

Just file form I-90, you don't have to pay the fee, since it's USCIS administrative error.
 
I totally agree with the previous post. A friend of mine was married for more than two years, and then he received a condinitional green card rather than permament. All he did was file form I-90 w/ a letter explaining what happened and a copy of the card he received. 2 months later they sent him the correct one. its totally an error, not a big deal, just like when they sometimes screw up names, etc..
 
And this is what I got from my lawyer:

"we need to wait for you to get the green card to see the date and mail a copy of the green card to immigration with Form I-90 asking them to correct the green card because you should have been approved as a permanent resident since you have have been married for more than two years at the time of your approval."

Thank you guys. Good luck to everyone.
 
Same situation here

:confused: I filed for my Swedish wife last summer, after our 2 year anniversary. GC was approved at the interview last week. All seemed good until we received the welcome notice yesterday. The notice said the GC was conditional. I called USCIS today and they said that all new GCs have the 2 yr conditional rule, no matter how many years a couple has been married when filing. I even asked the person to confirm with her supervisors to be sure because I could not believe that I had misunderstood the rules.

The aggravating thing is that we will have to do new biometrics (like my wife's fingerprints are going to change) and possibly another interview 2 years from now.

Is all this is a silly mistake/misunderstanding or has the rules changed? After talking to USCIS I think rule change but after reading here, I think mistake has been made.

I would like to hear how things went for leeron 1.
 
Harvey - don't bother calling the misinformation hotline, they're talking crap. Make an Infopass and talk to a real person. The rule hasn't changed, its written into law. On another forum I frequent there's been a spate of people who have only been married for a few months getting 10 year GCs, so USCIS are clearly just fucking up right now.
 
leeron1 said:
I had two interviews. The first one was in july, and there was no decision made . We were interviewed again on febr. 09, we were questioned separately. We were also investigated if our marriage was real, and they found out it was bona fide so they approved us. I just don't understand why didn't they give us conditional status right after the first interview then? Now the 3 years for my citizenship started to tick after the second interview, plus we have to lift conditions despite the fact that we've been almost married for 3 years? If they're not sure about the validity of the marriage than they should've denied my application, there's no such thing as a little bit approved. I feel it is discrimination against us.
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Just curious leeron, When you said your marriage was investigated, how did you know that you were being investigated. Did USCIS come to your house to check if you two were living together???
 
Did you get your CR6 corrected?

leeron1 said:
Is it possible that someone is given conditional greencard even if the approval was way after the second anniversary of the marriage? Do they HAVE TO issue the 10 year unconditional green card or they MAY issue conditional one even if you passed your 2 year anniversary? what can you do if they give you conditional PR status? can you complain and force them to change your status to unconditional or is it up to the adjudicating officer?
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Hi,

I am in the same situation as you. I got my I-485 approval well after my second year wedding anniversary and the welcome letter said that my COA was CR6. I wrote a letter to the person who sent me the welcome letter pointing out the error. Don't know if they will correct it in time. Did you have any problems correcting yours? What did you have to do to get it corrected?

Thanks.
 
hi leeron1,

when you got the approval, were you guys already living together? My wife's was approved after 3 years, but as a CR with the 2 year limit. She was in Thailand and I was in the US and we had never lived together. Could she still file for the I-90 instead of the I-751?
 
New rules for conditional green card?

I just spoke to a customer service representative at USCIS about the error on my welcome letter (conditional GC although my I-485 was approved after my second year wedding anniversary) and she said that it was no error. I would get a 10 year one only after 3 years?? This is news to me. Did anyone get a similar response??

My husband and I have been living together for more than 2 years.
 
If the AOS is approved after 2 years of marriage, a 10 year GC should be issued. However, for those AOS applicants who entered the country on a K-1, some offices/officers will approve a 2 year GC regardless of the length of the marriage.
 
Thanks. That's what I thought too. I guess I will just file a I-90 and point out the error. Hopefully, it will be fixed.

Thanks.
 
what's wrong with conditional???

Is there anything wrong about the conditional green card? Isn't it better because with the conditional green card you can apply for US Citizenship faster? Don't you have to wait for five years to become a USC if you have a regular greencard???

Personally, I am hoping to get a conditional green card. I have a strong feeling that I might get a 10 year greencard because my husband and I have been together for 7 years and we have two sons (age 4 years old and 5 months old) but I would prefer a conditional one. Is it better to get the 10 year card???

Or does it really matter?
 
Bella Blues said:
Is there anything wrong about the conditional green card? Isn't it better because with the conditional green card you can apply for US Citizenship faster? Don't you have to wait for five years to become a USC if you have a regular greencard???

Personally, I am hoping to get a conditional green card.
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You've got it all mixed up. Years to citizenship are the based on whether you are married to a USC or not. If you are married to a USC its 3 years, otherwise its 5 years. Its got nothing to do with whether you have a conditional or 10 year GC, both count towards citizenship as they are both legal permenant residence.

A conditional green card only lasts 2 years, and after that you need to file I-751 with 20lbs of supporting evidence to lift the conditions. Believe me, if you can get a 10 year card, you want one.
 
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