Removing conditions

H

henboy1

Registered Users (C)
We have been married since april 19th 2007.We started the application process in feb 2008.I had problems in getting proof of birth.I got a lawyer who was able to help me in obtaining it.The Green Card came in the mail on june 16th of this year.It was a 2 year conditional/temp.He said it should have been a 10yr card.My lawyer said they were wrong for giving me a conditional card and that he would show me how to get the conditions taken off.Is this possible and what forms etc.. would he have to file?


My second question is that, in recieving the green card, am I obligated to start working with it immediately to show some kind of income?My wife is recieving unemployment and food stamps.
 
I thouoght ALL marriage-based GC were 2-year conditional. What made your lawyer think that yours would not be, other than previous time spent married.

You are not obligated to do anything. What you likely cannot do is get welfare/foodstamps, etc on your own.
 
nelsona said:
Thanks for the clarification.
Click to expand...
What you said about the anniversary is right but when you calcaulate the timeline from my original post, we had been married almost 2years when we went to the interview.What I hear people say is that, at the time of the filing, if you had been married for 2 or more years you do get the 10year card.Please correct me if I am wrong.Will it be worth me paying this lawyer $1000 to do this or should I wait 2 more years?
This is an immigration lawyer and he said he would have to file a form 751 etc... to remove the conditions because I should have been given a 10 and not a temp.
 
Inter was april 21st of this year.

Another important timeline in figuring this out is that...........our INTERVIEW DATE WAS APRIL 21ST OF THIS YEAR.
 
henboy1 said:
What you said about the anniversary is right but when you calcaulate the timeline from my original post, we had been married almost 2years when we went to the interview.What I hear people say is that, at the time of the filing, if you had been married for 2 or more years you do get the 10year card.Please correct me if I am wrong.Will it be worth me paying this lawyer $1000 to do this or should I wait 2 more years?
This is an immigration lawyer and he said he would have to file a form 751 etc... to remove the conditions because I should have been given a 10 and not a temp.
Click to expand...
If you were approved AFTER your second anniversary, then you are entitled for 10 year GC. There is nothing like 'almost 2 years'. What is the approval date (resident since date) on your current GC ? Does that date fall outside the 2nd anniversary ?

If the date of approval (resident since date) falls outside the 2nd anniversary, you may consider sending the card back citing incorrect dates.

If you decide to file form 751 (which is common process for all temp GC holders), you may want to do it yourself and save $1000, unless your case is complicated.
 
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