Should the validity period for a conditional green card be changed?

[K and L 27]

One of the things that strikes me as silly about the conditional green card is the amount of time it's valid for, given that naturalization is an option after 3 years of marriage to a USC and at least 18 months of residence. For those that take the immediate citizenship route from a K1 visa, lifting conditions for a 10 year visa really becomes $545 expense for a one year extension (plus processing time for naturalization).

To me, it makes more sense to make the conditional green card last 3 years, and then give the options to lift the conditions for a full 10 year green cad OR pursue naturalization. It would eliminate the paperwork (and expense) of lifting conditions for those that intend to naturalize as soon as possible.

ETA: for the second question, if you don't have a green card yet because you're on a K visa, you should be voting under "not yet eligible"

Edited February 26, 2010 by K and L

[Saddle Bronc 124]

1. 4 years (spouse-eligibility + 1)
   
2. both cases naturalised within 1 year of eligibilty (I was eligible as of 2004, naturalised by April 2005; Pras eligible as of July 2009, naturalisation will be completed 2010/03/18)
   

[bora bora 1]

One of the things that strikes me as silly about the conditional green card is the amount of time it's valid for, given that naturalization is an option after 3 years of marriage to a USC and at least 18 months of residence. For those that take the immediate citizenship route from a K1 visa, lifting conditions for a 10 year visa really becomes $545 expense for a one year extension (plus processing time for naturalization).

To me, it makes more sense to make the conditional green card last 3 years, and then give the options to lift the conditions for a full 10 year green cad OR pursue naturalization. It would eliminate the paperwork (and expense) of lifting conditions for those that intend to naturalize as soon as possible.

ETA: for the second question, if you don't have a green card yet because you're on a K visa, you should be voting under "not yet eligible"

Good question.

It is a waste of our money to remove conditions if we plan on applying for citizenship in a few months. But since when has USCIS worried about OUR finances except for them to know our salaries for I-864s and such..

[w¡n9Nµ7 §£@¥€r 123]

It should be valid for 1 year. Require annual renewals. Hike up fees. It's a good way to raise money.

[one...two...tree 2,762]

One of the things that strikes me as silly about the conditional green card is the amount of time it's valid for, given that naturalization is an option after 3 years of marriage to a USC and at least 18 months of residence. For those that take the immediate citizenship route from a K1 visa, lifting conditions for a 10 year visa really becomes $545 expense for a one year extension (plus processing time for naturalization).

To me, it makes more sense to make the conditional green card last 3 years, and then give the options to lift the conditions for a full 10 year green cad OR pursue naturalization. It would eliminate the paperwork (and expense) of lifting conditions for those that intend to naturalize as soon as possible.

ETA: for the second question, if you don't have a green card yet because you're on a K visa, you should be voting under "not yet eligible"

But conditional 2 year Green Cards only apply to K-1 visas (correct me if I'm wrong). If you don't want to pay again for a 10 year Green Card, then perhaps going through CR-1/IR-1 visa process would be a better choice. From what I understood, a K-1 is a non-immigrant visa that allows a USC to bring over a foreigner they intend to marry. They are granted 90 days to do so and then must then adjust status, but since it is a recent marriage, immigration gives a temporary 2 year Green Card at which point, the marriage is evaluated before granting permanent residency. Your spouse doesn't necessarily have to give up their prior citizenship to live here, which is a good thing, IMO.

[Marilyn. 340]

But conditional 2 year Green Cards only apply to K-1 visas (correct me if I'm wrong). If you don't want to pay again for a 10 year Green Card, then perhaps going through CR-1/IR-1 visa process would be a better choice. From what I understood, a K-1 is a non-immigrant visa that allows a USC to bring over a foreigner they intend to marry. They are granted 90 days to do so and then must then adjust status, but since it is a recent marriage, immigration gives a temporary 2 year Green Card at which point, the marriage is evaluated before granting permanent residency. Your spouse doesn't necessarily have to give up their prior citizenship to live here, which is a good thing, IMO.

not true..

you get a conditional 2 year green card if you have been married less then 2 years regardless if you went the CR1 route or the K1 route..

[chri'stina 190]

I'm picking 1 year. The reason is because I remember when my husband had the conditional GC, certain places treated it different than a real GC which limits options sometimes.

He has had the 10 year GC for over 2 years now and has been eligible for naturalization for a couple years, but hasn't applied. So it would be a pain if he had a conditional GC for 3 years when he didn't intend to apply for naturalization after 3 years. (May apply one day, not sure when).

[DanielParul 50]

I think the current 2 years is alright time for conditional green card and then applying for ROC. Not all foreign spouses or family members want to become citizens. Some will just remove conditions and keep their GC ( I do though) More sense of security that way. Specially with a USC hubby and child it makes more sense.

[one...two...tree 2,762]

I think the current 2 years is alright time for conditional green card and then applying for ROC. Not all foreign spouses or family members want to become citizens. Some will just remove conditions and keep their GC ( I do though) More sense of security that way. Specially with a USC hubby and child it makes more sense.

Great post and great photos of your family, Parul.

[DanielParul 50]

Great post and great photos of your family, Parul.

Thanks Galt

[john_and_marlene 162]

Just remove the 3 year eligibility rule for naturalization and make it 5 years for everyone.

[Leafgal 3]

I say 3 years, or let those with marriage based green cards apply for naturalization after the current 2 years.

[Kathryn41 3,205]

I like the 3 year option, and then you are eligible either to apply for citizenship or apply for the 10 year green card. Both options can combine the current removal of conditions process. It seems like a nicely functional approach - which is probably why Congress and USCIS won't consider it.

[M.O 6]

i like it the way it is...i think 2 years is good for USCIS to see if somebody is committing a fraud or not...

[w¡n9Nµ7 §£@¥€r 123]

I like the 3 year option, and then you are eligible either to apply for citizenship or apply for the 10 year green card. Both options can combine the current removal of conditions process. It seems like a nicely functional approach - which is probably why Congress and USCIS won't consider it.

USCIS will do whatever it's instructed to do.