requesting unconditional GC while case is pending

[dabug 0]

Hi! If someone could help me answer this question I would be greatly appreciative! My husband and I applied for a conditional GC since at the time of the application we've been married for less than 2 years. But our case has been pending for so long, that now it has already been over 2 years since we got married. I heard that I can request for an unconditional green card. Does anyone know which form that it? Thanks in advance!

[Steve D. 22]

Click here: http://www.visajourney.com/content/751guide

[dabug 0]

Click here: http://www.visajourney.com/content/751guide

Thank you, but that does not apply to me as I am not a conditional resident.

[Steve D. 22]

Do tell us how did you entered the States, or if you applied for I-485... if it's taking more than 2 years, did you asked USCIS to extend your status? What you should be worried right now is you might end up as out-of-status then they can put you into removal proceeding and that's a can of worms that you don't want to open.

Give us some details so we can properly help you.

[dabug 0]

Do tell us how did you entered the States, or if you applied for I-485... if it's taking more than 2 years, did you asked USCIS to extend your status? What you should be worried right now is you might end up as out-of-status then they can put you into removal proceeding and that's a can of worms that you don't want to open.

Give us some details so we can properly help you.

I entered with an F-1, then got married, then a year later applied for I-130 and I-485, had an interview at which the officer said to wait, then RFE, now we're just waiting... just got my work permit renewed today. So its been such a long process that we've gone passed our 2 year anniversary and I can request that when they issue me a GC, its unconditional. But I don't know how to do it....

[Steve D. 22]

I entered with an F-1, then got married, then a year later applied for I-130 and I-485, had an interview at which the officer said to wait, then RFE, now we're just waiting... just got my work permit renewed today. So its been such a long process that we've gone passed our 2 year anniversary and I can request that when they issue me a GC, its unconditional. But I don't know how to do it....

Then you ARE (not yet) conditional GC holder. However if I'm right, you don't even have your conditional GC YET? Have you tried to contact USCIS regarding the case yet? Also you might want to get hold of your congressman and have them give you a hand on this. 2 years for a conditional I485 GC is simply way out of order.

You might want to get hold of USCIS ASAP and check on the status by putting in a Service Request. At the same time get hold of your congressman and seek help.

It's not getting an unconditional GC, but remove conditions on your existing conditional GC, which you don't have it yet.

Honestly I'm a bit worried about your status right now. Get hold of USCIS right away or you might have some ugly problems to deal.

[dabug 0]

Then you ARE (not yet) conditional GC holder. However if I'm right, you don't even have your conditional GC YET? Have you tried to contact USCIS regarding the case yet? Also you might want to get hold of your congressman and have them give you a hand on this. 2 years for a conditional I485 GC is simply way out of order.

You might want to get hold of USCIS ASAP and check on the status by putting in a Service Request. At the same time get hold of your congressman and seek help.

It's not getting an unconditional GC, but remove conditions on your existing conditional GC, which you don't have it yet.

Honestly I'm a bit worried about your status right now. Get hold of USCIS right away or you might have some ugly problems to deal.

Well, it hasn't really been 2 years, we applied a year after we got married. In the RFE letter it said I can't inquire about the status for 180 days, which haven't passed yet. I also have a very good attorney, so Im not too worried about deportation or anything. But asking him to make this request is just another $500 out of my pocket when I really feel I can do it myself (like I did with my work and reentry permits). I really just want to request an unconditional GC before I rush them to print it anyway. Cos once its done, its done. Even if its been over 2 yrs since the wedding, I have to REQUEST that they make it unconditional, otherwise it will be conditional for another 2 years.

[Steve D. 22]

Well, it hasn't really been 2 years, we applied a year after we got married. In the RFE letter it said I can't inquire about the status for 180 days, which haven't passed yet. I also have a very good attorney, so Im not too worried about deportation or anything. But asking him to make this request is just another $500 out of my pocket when I really feel I can do it myself (like I did with my work and reentry permits). I really just want to request an unconditional GC before I rush them to print it anyway. Cos once its done, its done. Even if its been over 2 yrs since the wedding, I have to REQUEST that they make it unconditional, otherwise it will be conditional for another 2 years.

Bottom line, do you HAVE your conditional GC yet? From what I gathered it's NOT approved yet.

Also to remove conditions ("unconditional"), it has to be the conditional GC's "PR Since Date" + 2 years minus 90 days to qualify, which you don't even have it yet...

I suggest you wait, if it's taking longer than 180 days and still nothing, get hold of them quick...

[dabug 0]

Bottom line, do you HAVE your conditional GC yet? From what I gathered it's NOT approved yet.

Also to remove conditions ("unconditional"), it has to be the conditional GC's "PR Since Date" + 2 years minus 90 days to qualify, which you don't even have it yet...

I suggest you wait, if it's taking longer than 180 days and still nothing, get hold of them quick...

no, i don't have a GC yet, but....

If one gets their GC through marriage 2 YEARS AFTER marriage -> they get an UNCONDITIONAL GC

Green cards are only conditional if they are obtained in the first 2 years of marriage.

[Steve D. 22]

no, i don't have a GC yet, but....

If one gets their GC through marriage 2 YEARS AFTER marriage -> they get an UNCONDITIONAL GC

Green cards are only conditional if they are obtained in the first 2 years of marriage.

No you don't GET the unconditional card automatically. You have to apply for "Removal of Conditions", i.e. the I751 application I linked above.

Go read the I751 procedure I linked to you earlier and read the stuff that you need.

You will need your existing GC (conditional) no matter what.

Problem is you don't even have it yet. Simply because you married that doesn't mean your conditional status is granted the same day. USCIS still have to receive your I485 application, approve it then grant you the conditional GC status at their decision date, not the day you married...

Edited August 7, 2012 by Steve D.

[dabug 0]

No you don't GET the unconditional card automatically. You have to apply for "Removal of Conditions", i.e. the I751 application I linked above.

Go read the I751 procedure I linked to you earlier and read the stuff that you need.

You will need your existing GC (conditional) no matter what.

Problem is you don't even have it yet. Simply because you married that doesn't mean your conditional status is granted the same day. USCIS still have to receive your I485 application, approve it then grant you the conditional GC status at their decision date, not the day you married...

ignore what you read on that page, it doesn't apply to me AT ALL. even if it says its not based on the marriage anniversary... its a different topic.

[Steve D. 22]

ignore what you read on that page, it doesn't apply to me AT ALL. even if it says its not based on the marriage anniversary... its a different topic.

I'm confused lol.

Reason being I went through the same route as well, however what I had problem with was the removal of conditions but that was the past.

So let me straighten this out... you entered the country using a F-1, then you married and filed your I-130 and the I-485, but USCIS is taking it's sweet time on it so you don't even have your conditional GC yet... and now you've been married for more than two years with your conditional GC as pending, i.e. you don't have your conditional GC yet, you want to obtain the unconditional GC because "after two years of marriage you can apply for it"?

I don't think I'm missing anything here.

Maybe talk to your lawyer again, something doesn't smell right here and I'm certain you don't qualify for removal of condition and you ARE a conditional GC holder...

[dabug 0]

I'm confused lol.

Reason being I went through the same route as well, however what I had problem with was the removal of conditions but that was the past.

So let me straighten this out... you entered the country using a F-1, then you married and filed your I-130 and the I-485, but USCIS is taking it's sweet time on it so you don't even have your conditional GC yet... and now you've been married for more than two years with your conditional GC as pending, i.e. you don't have your conditional GC yet, you want to obtain the unconditional GC because "after two years of marriage you can apply for it"?

I don't think I'm missing anything here.

Maybe talk to your lawyer again, something doesn't smell right here and I'm certain you don't qualify for removal of condition and you ARE a conditional GC holder...

here's a topic about it: http://www.visajourney.com/forums/topic/256437-2-years-married-10-years-green-card/

[Steve D. 22]

here's a topic about it: http://www.visajourn...ars-green-card/

Okay I think I know what's going on... sorry about the confusion.

Now AFAIK since you entered the country as a student visa, AOS and I-130 is required for you... As for ROC and if you are actually exempted from it, I guess we need an expert here.

Thought I'd share what I know about your case.

Again sorry about the confusion.

[dabug 0]

Okay I think I know what's going on... sorry about the confusion.

Now AFAIK since you entered the country as a student visa, AOS and I-130 is required for you... As for ROC and if you are actually exempted from it, I guess we need an expert here.

Thought I'd share what I know about your case.

Again sorry about the confusion.

Thats ok, thank you for taking so much time to help!!