I am married to a US citizen. I applied for a green card 6 month after we got married. All the necessary paperwork I filed myself without a help from an immigration attorney. I received my green card about 10 month after applying for it. The green card I received expires in 10 years after the issue date. Recently I had a casual conversation with an acquaintance of mine about my immigration status. She mentioned that I should have gotten the two year green card first and then I should have renewed the two year green card into 10 year one. Here's my question: How could I have gotten a 10 year green card right away and is it a good thing or am I about to face some serious problems? I am eligible to apply for citizenship this April and now I am all worried that it might not go as smooth as I thought it would. If USCIS indeed made a mistake by sending me a 10 year green card instead a 2 year one what should I do next? Thank you in advance for your help! Happy Holidays!!!
Law Offices of Rajiv S. Khanna, P.C.
I received an unconditional green card before receiving conditional one. Why?
- Thread starter kate777
- Start date
I wonder if IO mentioned anything about status of your GC. Since you applied six months after your marriage you should have received a conditional 2 year GC; which requires you to file necessary paper work to remove conditions after designated time. I think you should contact USCIS and confirm if it is indeed a misprint. Better safe then sorry.
RicardoCobos
New Member
Kate - I am married to an Australian National and like your friend she also received a temporary permanent resident alien card when first arriving in the US. I am a US citizen and I sponsored her using the spousal visa. Because we had been married for less than 5 years at the end of the intial 24 months and had to complete a written interview to prove the marriage was in legitimate and that we were living together as husband & wife and not a green card marriage.
If you and your husband been married for more than a brief period of time (I think it is 5 years) prior to soliciting residency then there would be no need to have a review of your residence at the end of 24 months to determine if you are in a bona fide marriage because you would have already proved that in your initial application.
Triple Citizen
Registered Users (C)
File an I-751 when you are less than 90 days from your GC's second anniversary. USCIS made a mistake but unfortunately you are responsible for correcting it.
IrishExport
Registered Users (C)
I'm thinking she's well beyond the GC's 2nd anniversary if she is eligible for citizenship in April (according to the GC she has) - that's probably why she's so concerned. I've never heard of this happening before.
Jackolantern
Registered Users (C)
She needs to file the I-751 ASAP, and include an explanation that she wasn't aware of the need to file to remove conditions before the 2-year deadline, because the USCIS action of granting a 10-year card led her to believe that removal of conditions was not necessary.
when did you file and how long have you know her b4 marriage.
you will have to file for removal of conditions within 90 days before the second anniversary of your GC. Form I-751.
Triple Citizen
Registered Users (C)
Problems may surface when he applies for citizenship..
As Triple mentioned, even though its USCIS' fault, it's your responsibility to fix it. Just like it's one's responsibility to show up for a biometrics/interview appointment even if (s)he didn't receive a notice...crazy stuff..
Jackolantern
Registered Users (C)
Or when renewing the green card.
Jackolantern
Registered Users (C)
How much do you know about the facts of that case? Were they married at least 2 years when the GC was approved? If yes, that means he was supposed to get the 10-year card.
I received an unconditional green card before receiving conditional one
We were business partner and living under same roof since 2003, but we got married just last November.
And I called USCIS yesterday and I spoke to Customer Service told me that I have to filled in I-90 and also I talked to Attorney and told same thing.
We were business partner and living under same roof since 2003, but we got married just last November.
And I called USCIS yesterday and I spoke to Customer Service told me that I have to filled in I-90 and also I talked to Attorney and told same thing.
There could be a couple of reasons I think for them to issue a 10 year GC.
1. If you claim at your interview that you were living as common law husband and wife and had produce facts to back it up for more that 2 years then you got marry legally, they probable take that time into consideration which will put you beyond 2years.
2. Still check with USCIS.
3.see below.
Certain places allow a marriage to be made by two people without formal registry, without witnesses or family, and sometimes without a civil or religious official present to sanctify or ratify the marriage. In the US these are often called common law marriages because they originated in the English common law tradition but they may be called "informal" "customary" "tribal" or by another name. Are these recognized as valid marriages for immigration purposes?
The general rule is that if the place where the marriage took place recognizes the marriage as valid, then it should be considered valid everywhere and valid for immigration purposes.
In the US, the State of Pennsylvania recognizes a common law marriage made in its territory...but in the State of Florida beginning a few years ago, a common law marriage can no longer be made. Florida still recognizes common law marriages made elsewhere and also recognizes those made in Florida before the cut-off date. If a person claims to have made a common law marriage in Florida recently, it would not be valid for immigration purposes.
Even if a common law or traditional marriage is valid, how can you prove it to the immigration department or to a Consul? It's best to have a marriage certificate. In some cases it may be a good idea to re-marry if necessary to get a marriage certificate.
I know a person that got married to a USC and didn't file,after 2 years they filled,remember he wasn't in the US during this period.after he applied, he was giving 2 years, 2 weeks after he received the 2 years they sent him the 10 years card and ask him to mail the 2years back, that he was due for 10years not 2years.
we all understand English conditional GC,USCIS is not sure its real,if USCIS is sure with all your evidence in place and marriage history is good, you will giving the 10years.i believe they have nothing to doubt most people that are married for years and still get conditional GC because they were either visiting or have been leaving in the united state legally or illegally,so they will get conditional and lastly guys remember if you are conditional GC and and violet major traffic offense,you meet not be eligible for remover of condition,so condition GC is not a team used for 1st green card but it just to study your moral and good conduct in marriage and rule of the land.God bless America
More questions please= you got married November and filled in November.
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whitemimauz3
Registered Users (C)
I think based on merits of each individual cases USCIS decides to give 2 or 10-year card. Recently i saw two cases invididuals being married to USC spouse and received 10-year card. I do not think it is an error, if the card is issued for 10 years.
Triple Citizen
Registered Users (C)
Jackolantern
Registered Users (C)
I think some of the people who are commenting on a friend's or relative's case don't know the full facts of the situation. For example, the couple may have been legally married in a court 2 years prior to GC approval, but they had a ceremonial wedding 1 year before the GC, so it appears to observers that they were married less than 2 years.