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Filed: Country: South Africa
Timeline
Posted

Hi there,

I wish to be clarified on the complexities of 10YEAR UNCONDITIONAL GREEN CARD AND 2YEAR CONDITIONAL

Its often quoted and said that a Conditional permanent Resident Status shall be granted to an alien in the USA; 1. As of the day he/she is admitted or adjusted to conditional status by a USCIS Officer and he is required to remove the conditions by filing 1-750 during the 90-day period immediately before second anniversary of the date the alien was granted conditional permanent resident status?

My questions:

1.Must I be subjected to removing conditions if my 1-130 petition is approved a year prior my admission into the USA meaning Does this second year anniversary to lift conditions apply when 1-130 petition was approved or when your actual permanent resident status is granted and at this juncture admission into the USA?

My goal here is to obtain a 10year unconditional green card....

So should I be required to remove the said condition if the time of my admission into the USA not the time of getting 1-130 petition approved is more han 2years of my current marital existence?

Thanx for your time to share your insights.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Hi there,

I wish to be clarified on the complexities of 10YEAR UNCONDITIONAL GREEN CARD AND 2YEAR CONDITIONAL

Its often quoted and said that a Conditional permanent Resident Status shall be granted to an alien in the USA; 1. As of the day he/she is admitted or adjusted to conditional status by a USCIS Officer and he is required to remove the conditions by filing 1-750 during the 90-day period immediately before second anniversary of the date the alien was granted conditional permanent resident status?

My questions:

1.Must I be subjected to removing conditions if my 1-130 petition is approved a year prior my admission into the USA meaning Does this second year anniversary to lift conditions apply when 1-130 petition was approved or when your actual permanent resident status is granted and at this juncture admission into the USA?

My goal here is to obtain a 10year unconditional green card....

So should I be required to remove the said condition if the time of my admission into the USA not the time of getting 1-130 petition approved is more han 2years of my current marital existence?

Thanx for your time to share your insights.

ROC is done 90 days prior to the second anniversary of becoming a permanent resident...the date noted on your green card. It has nothing to do with the I-130 NOA2 date.

If you enter the US after 2 years of marriage then you should be eligible for IR1 status and not have to deal with ROC.

Good luck!

BTW this thread has a similar question: CR1 vs IR1

USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

Filed: Other Timeline
Posted

There are basically 2 ways to get a 10-year Green Card right away:

1) You enter with a K-1 (fiance visa), get married, then wait 2 years until you submit your AOS petition.

2) You get married, then wait 2 years until you file your IR-1 visa petition.

In any case, you will wait 2 years.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Country: South Africa
Timeline
Posted

There are basically 2 ways to get a 10-year Green Card right away:

1) You enter with a K-1 (fiance visa), get married, then wait 2 years until you submit your AOS petition.

2) You get married, then wait 2 years until you file your IR-1 visa petition.

In any case, you will wait 2 years.

Thanks for your swift response.

AM married to a USC for year now and we are residing in South Africa.

We are limited in resources to relocate to the USA thus awaiting to offset liabilities.

Does filing a IR-1 Visa petition similar to filing 1-130 petition?

When would the two year marriage periods start counting?

After being admitted into the USA or approval of 1-130 petition at the USA Consulate here in Johannessburg?

I would appreciate your insight.

Filed: IR-5 Country: India
Timeline
Posted

Thanks for your swift response.

AM married to a USC for year now and we are residing in South Africa.

We are limited in resources to relocate to the USA thus awaiting to offset liabilities.

Does filing a IR-1 Visa petition similar to filing 1-130 petition?

When would the two year marriage periods start counting?

After being admitted into the USA or approval of 1-130 petition at the USA Consulate here in Johannessburg?

I would appreciate your insight.

Yes for IR1 visa you need to file I-130.

Two year marriage period start from your date of marriage.

IR-5 for Parents

02-28-14 -> I-130 sent to Chicago Lockbox.
03-03-14 -> USCIS received. (Priority Date)
03-09-14 -> NOA1 received.
06-04-14 -> NOA2 received. Approved.
06-18-14 -> NVC Received case.
07-03-14 -> NVC Assigned Case#(Got Case# & IIN Over the Phone).
07-22-14 -> DS-261 Completed.
07-25-14 -> AOS fee Payment.
07-29-14 -> AOS fee shows PAID.
07-30-14 -> AOS Package Sent.
07-31-14 -> AOS Package delivered.
09-15-14 -> IV fee Payment.

09-17-14 -> IV fee Shows PAID.

09-18-14 -> IV Package Sent.
09-20-14 -> IV Package Delivered.

10-20-14 -> Case Complete.

10-28-14 -> Case Complete Email Received.

Filed: Country: South Africa
Timeline
Posted (edited)

Yes for IR1 visa you need to file I-130.

Two year marriage period start from your date of marriage.

Ok,,,,,,,,,Thanks

October 29th was my first year of marriage life and my USC wife wish to file I-130 beginning of Dec.,but when to secure NAO1 is unknown. But I want to be in USA NEXT year December and so therefore making me 2yeas and 2months on airrval.

Hope I will definitely be eligible to get a 10year Greencad................reply

Edited by fftpholdings
Filed: Country: South Africa
Timeline
Posted

Ok,,,,,,,,,Thanks

October 29th was my first year of marriage life and my USC wife wish to file I-130 beginning of Dec.,but when to secure NAO1 is unknown. But I want to be in USA NEXT year December and so therefore making me 2yeas and 2months on airrval.

Hope I will definitely be eligible to get a 10year Greencad................reply

Filed: IR-5 Country: India
Timeline
Posted

Ok,,,,,,,,,Thanks

October 29th was my first year of marriage life and my USC wife wish to file I-130 beginning of Dec.,but when to secure NAO1 is unknown. But I want to be in USA NEXT year December and so therefore making me 2yeas and 2months on airrval.

Hope I will definitely be eligible to get a 10year Greencad................reply

So it means next Oct 29,2011 you will complete ur 2 year marriage life. Right? And if ur wife will start asap for i-130 process then yes you can be in usa in next dec & you will get 10 year GC.

IR-5 for Parents

02-28-14 -> I-130 sent to Chicago Lockbox.
03-03-14 -> USCIS received. (Priority Date)
03-09-14 -> NOA1 received.
06-04-14 -> NOA2 received. Approved.
06-18-14 -> NVC Received case.
07-03-14 -> NVC Assigned Case#(Got Case# & IIN Over the Phone).
07-22-14 -> DS-261 Completed.
07-25-14 -> AOS fee Payment.
07-29-14 -> AOS fee shows PAID.
07-30-14 -> AOS Package Sent.
07-31-14 -> AOS Package delivered.
09-15-14 -> IV fee Payment.

09-17-14 -> IV fee Shows PAID.

09-18-14 -> IV Package Sent.
09-20-14 -> IV Package Delivered.

10-20-14 -> Case Complete.

10-28-14 -> Case Complete Email Received.

Filed: Country: South Africa
Timeline
Posted

So it means next Oct 29,2011 you will complete ur 2 year marriage life. Right? And if ur wife will start asap for i-130 process then yes you can be in usa in next dec & you will get 10 year GC.

Dear

Yes,Oct 29,2011 will complete my 2 year marriage life. So the date of securing 1-130 approval will be irrelevant to the rule? And i should apply my immigrant visa afterwards after Oct 29,2011 completing the 2years?

I am really very grateful to your guides.

Thanks

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Dear

Yes,Oct 29,2011 will complete my 2 year marriage life. So the date of securing 1-130 approval will be irrelevant to the rule? And i should apply my immigrant visa afterwards after Oct 29,2011 completing the 2years?

I am really very grateful to your guides.

Thanks

The CR1/IR1 is all about the date you enter the US, not the date when the US Citizen petitions for their spouse.

If you have been married for at least 2 years on the date that you enter the US using your visa you will get the unconditional green card.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Country: South Africa
Timeline
Posted

The CR1/IR1 is all about the date you enter the US, not the date when the US Citizen petitions for their spouse.

If you have been married for at least 2 years on the date that you enter the US using your visa you will get the unconditional green card.

Thanx for your monumental clarification.

 
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