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Filed: Lift. Cond. (apr) Country: Japan
Timeline
Posted

Heaven forbid one day my journey is over and we get our ( her ) visa.

Do I understand this correctly? We will be married longer than one

year but less than two; ergo she will get a conditional two year GC.

After the two years ( wedding or green card anniversary? ) she has

to file to remove conditions and then hopefully would get a 10 year

GC? If everything goes wrong and we would have to wait another

year, then be married more than two years, a 10 year green card

would await her?

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Basically, yes.

If your green card application (AOS or CR-I) is approved and you have been married for less than two years, the green card will be a conditional green card valid for 2 years. Starting 90 days before the expiry date on the green card you file an I-751 application to remove the conditions. The condition is that the card is valid for 2 years and that by the end of the 2 year time period you need to provide evidence that your marriage is a valid relationship and not in place for immigration purposes. The two years 'start' from the date of the green card, not the date of the marriage.

If you have been married for more than two year when the green card is approved, the green card will be 'unconditional' and valid for 10 years and there will be no need to file to remove conditions.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Filed: Citizen (apr) Country: China
Timeline
Posted

You are confusing two things, Marriage time before getting the card and length of conditional green-card.

If you are married 2 years BEFORE getting a green-card either by getting an immigrant visa or adjusting status you will get a 10 year UN-Conditional card.

If you were married for less than 2 years before getting a green-card either by getting an immigrant visa or adjusting status then you will get a TWO YEAR conditional green-card.

You file to remove conditions within 90 days of the CR-Green-card's expiration, NOT 2nd wedding anniversary, a couple could be close to 4 years married when a CR-Green card expires and lifting conditions. (Getting the CR-Green card very shortly BEFORE 2nd wedding anniversary, and then having to wait another 2 years to remove the conditions).

One recommendation if you are very close to 2nd wedding anniversary when entering the USA on a CR-1 visa or K-3 visa, is to delay entering the USA on the CR-1 until after 2nd wedding anniversary, this will cause a 10 year card to be issued, and if entry is bu K-3 visa to wait and file AOS very close to 2nd wedding anniversary, if AOS is approved AFTER the anniversary, this too results in 10 year card.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: K-1 Visa Country: Japan
Timeline
Posted
Heaven forbid one day my journey is over and we get our ( her ) visa.

Do I understand this correctly? We will be married longer than one

year but less than two; ergo she will get a conditional two year GC.

After the two years ( wedding or green card anniversary? ) she has

to file to remove conditions and then hopefully would get a 10 year

GC? If everything goes wrong and we would have to wait another

year, then be married more than two years, a 10 year green card

would await her?

The absurdity of that occurred to me as well. But think about this one: If someone enters the U.S. on a tourist visa and decides on a whim to marry someone, they can do so and apply for AOS and legally stay in the U.S. and be with their spouse. But everyone who takes their time and is deliberate about their decision to marry has to wait for months to be with the one they love. This process doesn't always make a lot of sense. Being a VSC filer, though, I guess I can't complain too much. Most people have been waiting a lot longer than I.

2008-03-01 Sent I-129F via Express mail

2008-03-03 I-129F package received at VSC mailroom

2008-03-04 NOA1

2008-03-06 Touched

2008-03-20 Touched

2008-03-21 Touched

2008-03-23 Touched

2008-04-02 Touched, then approved!!

2008-05-16 Medical Exam

2008-06-16 Interview...VISA APPROVED!!!

Igor's Lists

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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