sorin_la

Marriage date: 01/29/2003
2nd aniversary: 01/29/2005

Memorandum of creation of record of Lawful Permanent Resident
Stamped as APPROVED with 02/03/2005 date.
Admitted until: 02/02/2007

Permanent residency letter dated: 02/03/2005

Permanent Resident Car
Resident since: 02/03/2005
Card expires: 02/03/2007

No stamp in passport because the approval took place after the interview because they needed me to send some missing documents by mail after the interview and the approval plus card came by mail.

Residence type: CR6 (conditional - for 2 years)

Even if I have been approved after more than 2 years of marriage with US citizen, I have only received conditional permanent residence. As you can see above, all the approval dates are after the 2nd anniversary.

Should I go to USCIS and ask for a change of status from conditional to unconditional and also submit Form I-751 Petition to Remove the Conditions on Residence???

What chances do I have?

Regards

MarsBar

Ive also had a simmilar problem to this. I dont know your history here but mine is that my husband had his interview and got his visa several months before our second anniversary. The letter that came with the visa states that the conditional / unconditional status is decided upon entry to the united states. We entered the USA with the visa after our second anniversary and yet he was given a conditional 2 year green card.

I asked about this at the POE and was told to go to the local service center and request a change of status. However I havent had time to do this yet and so I dont know if that will work. I will try and remember this post once I get around to it. I would suggest talking to your local service center to see what they can do about setting your green card straight.

Good luck.

alex_lg

Hello,
I'm not an expert on the conditional Green Card. But judging from your GC was approved on 2/3/05, I can only assumed you were interviewed before your 2nd aniversary. Mostly likely at the time of the interview they got everything setup for a CR6 as they should if all doc were complete. Although your missing doc came after your 2nd anniversary, I doubt CIS is smart enough to adjust it on their own.
Please keep us posted on your progress. Good luck.
Rgds,
Alex

alex_lg

Since you were interviewed and granted a visa before your 2nd interview, the whole overseas paper trail naturally was setup for a conditional Green Card. I'm guessing here. My gut feeling is that you were admitted at the POE by somone who didn't want to incur extra work for himself/herself. Rather this person just did the work based on someone else's work overseas and passed you onto someone else (You were told to go to the local service center and request a change of status as you stated above). How do you call this kind of people? A government employee? NO!

sorin_la

I am the person who posted this issue.
Here are some more details about my case. During the 2 years waiting time, I've been living in US with my wife. My case was processed in US not overseas. I had (still have) a visa that allows me to temporarely reside and work in here while my case was processed (K3 visa.)
I don't really care if I'm conditional or not but I heard it's better to be unconditional. This way you won't have to do more paper-work in two years from now so I'd rather solve this issue now.
Regarding the birocracy, actualy USCIS worked smooth in my case, except the long waiting time (2 years!!!) I have to say they always worked by the book and were really kind with us, despite many stories I've heard.

MarsBar

Exactly!!

ian-mstm

Hey... I didn't get a car when I became a permanent resident!

Ian

Folinskyinla

Hi:

This is a common error. Do an InfoPass with the local office and have an I-90 ready to file with no fee due to Service Error.

MarsBar

Do you feel that this might also be a valid course of action for my case (stated above)?

Thanks

Rete

The paper trail has nothing to do with it and it is not set up for conditional and/or unconditional. The visa was approved at the US Consulate and issued on such and such a date, but it is the date of activation which is pertinent ... not the date of issuance. There is no extra work for the agent who admitted him to the US at the POE. It is a matter of looking at the marriage certificate which is enclosed in the envelope and the present day calendar and if you are smart enough to figure it out, then you will know if it before or after their 2nd anniversary.

BTW my father was a government employee and I don't consider him stupid as you seem to think all GE's are.

The OP should bring to issue up at the District Office by making an Infopass appointment and bringing all documentation with them, i.e. passport with visa, I-94, green card if already received and have a go at changing the status to LPR

sorin_la

Thank you for your advice. I have an older infopass appointment which is due for tomorow. Coincidence. Anyway, I have all the paper-work and I-90 ready. I hope this is the case and I won't have to do a change of status instead.
Thank you for your advice. I'll keep u updated.

sorin_la

They said they requested my file from Missouri where it had been sent for storage. It'll take 1-2 weeks to get it, then they'll call me and then I have to get a new InfoPass (already got it in advance) and based on what's in file they'll take a decision. The good news is that they requested my file based on the proof I've showed to them: marriage certificate + permanent residence approval & card which means they agree there is some form of error in there.

My question is... Can you point me to where the law says I have to get unconditional status if two years already passed at the time of approval??? I remember I've read that several different places but I cannot fint it anymore. The immigration officer asked me where I've read that and I kind of didn't know how to respond.

Regards

meauxna

INA 216 is a start:
http://tinyurl.com/6oco4

Hypertweeky

Good Luck!!

sorin_la

I've been looking for the law that says I get unconditional rezidence if married at least 2 years at the time of approval and I could not find it anywhere.

I've read "INA § 216" and "8 CFR § 216" and there is nothing regarding this.

On the other site, all immigration related sites advertise this thing saying you get unconditional rezidence if married for more than two years but none of them make refference to any law. It is so strange.