A little confused...

[Welshcookie 17]

Ok......here goes....

Like the good girl that I am I have been doing some research on how I stand if we are married over 2 years vs less when we return to the States. We are due to marry in July this year, but won't be leaving for US til sept '08 (DCF). My SO is military and has a 6 week training thingy starting immediately after the wedding so we have been thinking about putting it off until end of Sept.

It struck me that there was something about the length of time you are married which can make some difference in the lifting of conditions so I went to look.

My question is does the 2 yrs thing count from the day of entry to the US or the day of the interview?? cos I have come across both these statements on the guide section....

"Due to immigration fraud, the CIS gives ALL immigrants by marriage a conditional permanent residency green card unless the couple has been married for over 2 years at the time of interview."

and this....

Note: If you have been married for less than 2 years when you enter the US, your Permanent Resident status has “conditions”. A CR-1 PR is no less a PR than anyone else, but they do have an additional step to take 2 years after they enter the US. Please see the Guides for Removal of Conditions (form I-751).

Am I missing something or am I right to be confused?

If it is at the time of interview we may as well put the wedding back but if it is on entry then we would rather go ahead with the July wedding so we will have reached the 2 year mark.....

Thanks in advance.....

Edited May 20, 2006 by welshcookie

[Kathryn41 3,205]

Basically, if you are married to your US spouse 2 years plus a day when you enter the US or have your immigration interview, you receive full, unconditional permanent resident status. If you are married to your US spouse two years less a day when you enter the US or have your immigration interview, you receive a 2 year conditional permanent resident status. Then, in 1 year and 9 months you need to submit an application to remove the conditional status including evidence that proves you have a valid marriage and not one of 'convenience'. Your marriage determines when the two years of marriage proof starts; the two year conditional status starts from the day of approved interview or admission to the US. Hope this helps.

[Welshcookie 17]

ahhh...ok ....thanks for that...so I guess it would be better to do the wedding in July and just take a honeymoon later in Sept......

[meauxna 15]

My question is does the 2 yrs thing count from the day of entry to the US or the day of the interview??

hey welshie,

What the guides really *should* say is that 'if you have been married for less than 2 years *at the time you receive permanent resident status* and that would clear it all up, wouldn't it?

'Cept many people don't know what that means.

If you're entering with an Immigrant Visa, it's the moment you enter that you get your PR status.

If you're adjusting status, it's no longer a sure thing to get your PR granted at the interview, so it's 'whenever they grant you PR status'. You'd go by the date on your card where it says 'resident since'.

[Welshcookie 17]

I see where my confusion lies now...

thank you!

[dmartmar 1]

Why even worry about the lifting of conditions when you haven't even gotten married yet?

[Welshcookie 17]

Why even worry about the lifting of conditions when you haven't even gotten married yet?

did you even read my original post?

If it is at the time of interview we may as well put the wedding back but if it is on entry then we would rather go ahead with the July wedding so we will have reached the 2 year mark.....

that's why I am thinking ahead....