Obtaining residency in the United States is a dream for many, but for those who receive the famous “short-term Green Card” (which only lasts two years), that dream can turn into a nightmare if they use the wrong form. Recently, the USCIS (the immigration office) has issued a serious warning: if you use the wrong form to renew your card, you could end up undocumented and facing deportation.
Here we will explain, in detail, why this happens, how to avoid it, and what you need to do exactly depending on your case.
What happens if you submit the I-90 by mistake?
- They throw your money away: USCIS does not usually refund the hundreds of dollars in fees.
- You lose valuable time: They will notify you months later that your form is invalid. By the time you realize it, your card may have already expired.
- You lose your status: By not submitting the correct paperwork on time, you are no longer legal. It’s that simple and that harsh.
Case 1: If your card is for Marriage (Form I-751)
This is the most common case. If you had been married to your partner (citizen or resident) for less than 2 years when your papers were approved, you were given the short-term card. To get the 10-year card, you have to “remove the conditions” with Form I-751.
When should you do this?
This is vital: you must submit it within 90 days before your card expires. Do not send it four months in advance because it will be returned to you, and do not wait until a week before it expires in case there are delays in the mail.
What documents do you need to prepare?
Filling out the form is not enough. You have to show the government that your marriage is real and not “for the papers.” Prepare copies of:
The forms are almost irrelevant. What you need to prove the government agents is that the marriage is genuine and not only a pantomime to get the Green Card. This is why you have to arm yourself with a thick manila folder full of documentation.
YOu will ahve to present joint bank accounts; the apartment lease or mortgage where both of your names appear; car & health insurance where one is the beneficiary of the other; birth certificates of all your children; and photos of your life together (family trips, public events, parties where other people are present; and finally, you need written and signed proof from friends, neighbours and close relatives declaring they are, in fact, aware that you both are a couple—and they attest to that.
Case 2: If your card is for Investment (Form I-829)
If you obtained residency because you invested money in a business in the US (EB-5 visa), your form is I-829. Here, the government wants to see that your money has been put to good use.
- That the money is still there: You have to prove that you did not withdraw the investment as soon as you were given the card.
- The 10 jobs: You have to provide paychecks and tax documents for at least 10 legal workers whom you have employed full-time.
- The cost: Be prepared, because this process is very expensive (currently over $9,000). It’s a big investment, so don’t risk it by doing the process wrong.
FAQs
Do I get more time if I send my paperwork correctly to the USCIS?
That’s correct; as soon as they receive your Form I-751 or I-829, they will send you a letter called a “Notice of Receipt” (I-797), which grants you another 48 months of residency—four years in total.
“The marriage didn’t work out and we got divorce in less than 2 years. What happens now?”
While you can still get the 10-year Green Card, it will be tough to prove the marriage was genuine while it lasted. You have to request a “waiver” on the same I-751 form…and get a good lawyer to assist you.
“My card expires in a month, but I don’t have all the needed documents yet. What do I do?”
Send the form as soon as possible before it expires. It’s better to send it with little evidence (and then be asked for more) than to send it late. If you send it late, they will most likely revoke your residency immediately.