I-485 Approved. Have a question.

[kanifas]

Greetings,

Here's some information about my application:

Married to USC Dec 2004, filed I-485 Jul 2005.
Finally got approved a week ago.

I received the welcome notice which states that the GC I'll be getting in the mail is conditional. I was under the impression that after 2 years of marriage they should have given me a permanent GC. What can I do to avoid waiting till 2009 for I-751 filing?

Thank you in advance.

 

[jimothy]

I think they can give a conditional GC whenever they want to although the usual rule is 2 years of marriage. If you have been issued the conditional card then I think there is nothing you can do to change that now.

Of course I could be entirely wrong, hopefully someone else will know more.

 

[kanifas]

I think they can give a conditional GC whenever they want to although the usual rule is 2 years of marriage. If you have been issued the conditional card then I think there is nothing you can do to change that now.

Of course I could be entirely wrong, hopefully someone else will know more.

I hope you're wrong. I would hate to go through the same waiting process again. Especialy having read I-751 thread and their processing dates

At the GC interview(Nov 2005) CIS officer couldn't stamp my passport because of pending namecheck. She did mention however, that my GC should be permanent if it takes more than 2 years since marriage date to process it.
I will call my attorney tomorrow to find out more. I just wanted to see if somebody had the same situation. If not, my case could make a good sticky.

 

[pianoplayer]

Greetings,

Here's some information about my application:

Married to USC Dec 2004, filed I-485 Jul 2005.
Finally got approved a week ago.

I received the welcome notice which states that the GC I'll be getting in the mail is conditional. I was under the impression that after 2 years of marriage they should have given me a permanent GC. What can I do to avoid waiting till 2009 for I-751 filing?

Thank you in advance.

Hi:

You could inquire about it now and may be asked to file I90.

However, I do not understand your grave concern about having to file I751 (if you indeed have to). It is not hard to file (only one form and some supporting docs versus the many applications of AOS) and throughout the process you remain a permanent resident, with all its rights and privileges. Just because the GC expires, does NOT mean your status expires, provided that you file I751 in a timely manner.

As for what may happen in your case, should you decide to leave it alone now and file I751 in 2 years minus 90 days:

1. USCIS may not detect the "earlier mistake" and process I751 regularly.
2. USCIS may detect the mistake, and send you a notice to file I90 instead
to get a corrected I551, as has happened in many cases.

Best wishes.

 

[kanifas]

However, I do not understand your grave concern about having to file I751 (if you indeed have to).

Thank you for your response.

Getting a permanent status was the only upside to being stuck in a namecheck for a while. I was in immigration hell and uncertainty since 2000. I'm so tired of H1-Bs, extensions, RIR, EADs and APs that the thought of one more process (and a fee) just bugs the crap out of me.

 

[NeShawn]

Understandable, but if you want to finish it out now, you will need to file the I90 to get it straighten out for good.

Since you want to enjoy your "green card " status and you should, then do what piano stated at the 90 day period of 2 years if USCIS hasn't spotted the error and sent request for you to file the I-90. Either way you are good and certainly "wiser"

 

[kanifas]

Here's a reply from my attorney:

"It sounds like the CIS erred. If you have not done so already, please send me a copy of your card (email scan OK) so that I can compare to the marriage date in our file. If the CIS erred it should be possible to get them to generate the proper type of card. In other words, it is not a question of getting the condition removed; it is a question of getting the government to fix their own error."

 

[pianoplayer]

Here's a reply from my attorney:

"It sounds like the CIS erred. If you have not done so already, please send me a copy of your card (email scan OK) so that I can compare to the marriage date in our file. If the CIS erred it should be possible to get them to generate the proper type of card. In other words, it is not a question of getting the condition removed; it is a question of getting the government to fix their own error."

Hi:

Correct. That is what you have been told. (see my post above) If it is an error, you have the option of correcting it now per I90 or filing I751 later. In most cases with a genuine mistake, USCIS will reject the I751 and instruct you to file I90 at that point.

Follow your attorney's advice and correct it now if you have the energy. My sympathies with all your previous obstacles ---- but you are over the worst.