Question on 2 year vs 10 year PR card?

[LindaB 0]

My CR1 visa was approved in July and I got my 2 year permanent resident card (we were just married in June 07) that expires July 2010. At that time, I know that I apply for my 10 year PR card 90 days before (it will be easy to remember because it is two days before my 50th birthday). A friend of mine just had her CR1 interview the other day and the interviewer in Montreal told her that she could apply for her 10 year PR card on their 2nd wedding anniversary in Apr/09 instead of waiting the 2 years after the PR resident card is issued. Is that right also? From what I know and have read on here is that you get the 2 year card if you have been married less than two years, then the 10 year card at that point. The only way she would get a 10 year card on her 2nd anniversary is if they waited to activate the visa until then (and who would want to do that after waiting this long). I want to explain to her how it really is but wanted to confirm my facts first.

Thanks

[MrsCat 6]

Hi Linda (waving from Hilo)

I'm not going to add any certainty to this either - but that is what the interviewer in MTL told me too (In August). Initially I was excited, but now I'm thinking he was just plain wrong.

However, when I activated my visa at the border, the officer seemed to say the same thing - that I can apply for a 10 year GC on my second anniversary. Hmmmmmmmmm . . . . . . I guess I'll have to call to ask someone at USCIS.

I mean, it only makes sense that you SHOULD be able to apply for a 10 year GC after your second year of marriage, because (as in their own words) your marriage is no longer "conditional". If they put 2 years as the date you're no longer conditional, it shouldn't make any difference when you actually activated your visa.

But since when did anything about this process make sense?!

[Marilyn. 340]

it is 2 years from the date you became a Permanent resident...

[Marilyn. 340]

If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

http://www.uscis.gov/files/form/I-751instr.pdf

[LindaB 0]

If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires.

http://www.uscis.gov/files/form/I-751instr.pdf

Thanks Marilyn, thats what I thought but just wanted to confirm.

[LindaB 0]

Hi Linda (waving from Hilo)

I'm not going to add any certainty to this either - but that is what the interviewer in MTL told me too (In August). Initially I was excited, but now I'm thinking he was just plain wrong.

However, when I activated my visa at the border, the officer seemed to say the same thing - that I can apply for a 10 year GC on my second anniversary. Hmmmmmmmmm . . . . . . I guess I'll have to call to ask someone at USCIS.

I mean, it only makes sense that you SHOULD be able to apply for a 10 year GC after your second year of marriage, because (as in their own words) your marriage is no longer "conditional". If they put 2 years as the date you're no longer conditional, it shouldn't make any difference when you actually activated your visa.

But since when did anything about this process make sense?!

Hi Cat, lucky you in Hilo....wish I was there too.

Marilyn just confirmed it for us....looks like someone needs to straighten that guy at the Montreal Consulate out....lol!

[Reba 2]

I mean, it only makes sense that you SHOULD be able to apply for a 10 year GC after your second year of marriage, because (as in their own words) your marriage is no longer "conditional".

USCIS cannot put conditions on your marriage. The conditions are on your residency status. Your eligibility to apply to remove conditions is based on the date you became a permanent resident, not your wedding anniversary.