Are Green Card sponsored spousal Green Cards probationary?

[GermanGuy 0]

If a green card holder sponsors his spouse, will her green card be probationary for two years like it is with citizen sponsored spousal green cards?

[Harpa Timsah 13,258]

The wait for a GC based on being the spouse of a GC holder is over 2 years, so the card will be a regular GC because at least 2 years will pass between marriage and GC. If the timelines changed and you could get a GC in under 2 years, then yes, I imagine they would be conditional.

By the way, there is nothing "probationary" about them; a 2-year GC gives all the rights and responsibilities that a 10-year one does.

[GermanGuy 0]

...

By the way, there is nothing "probationary" about them; a 2-year GC gives all the rights and responsibilities that a 10-year one does.

Yes, but only for two years. And the beneficiary can’t file for an extension alone like it is with a 10 year GC. the sponsor has to cosign (assuming there was no abuse or blackmailing from the sponsor’s side).

[apple21 953]

If a green card holder sponsors his spouse, will her green card be probationary for two years like it is with citizen sponsored spousal green cards?

No, if the spouse obtained her visa under the F2A category (Spouse of Lawful Permanent Resident), she will automatically get a 10-year GC.

F2A petition takes 2-3 years to complete so the marriage would already be 2 years long (or more) by the time of the embassy interview so they are no longer required to undergo Removal of Conditions when they arrive in the US.

IR1 category (Spouse of US Citizen) who is already married for 2 years or more automatically receives a 10-yr GC too.

Edited February 22, 2013 by apple21

[Brother Hesekiel 2,236]

Yes, but only for two years. And the beneficiary can't file for an extension alone like it is with a 10 year GC. the sponsor has to cosign (assuming there was no abuse or blackmailing from the sponsor's side).

Nee, so issas nu' ma' überhaupt gar nich'!

There is no extension of a conditional Green Card per se. Since the condition of the conditional residency is being the spouse of a US citizen or permanent resident, both apply for Removal of Conditions (RoC) "jointly." However, since the U.S. Government realizes that sometimes a marriage doesn't work out, it is indeed possible for the beneficiary to successfully apply for RoC by themselves and get it approved. In order to pull this off, the conditional resident has to show that the marriage was entered in good faith. The documents needed for this are not different from the documents needed if both file jointly, however, in case of a pending or finalized divorce only 'til things went south.

RoC is not scary at all; it's just collecting stuff that accumulates during the course of the marriage. The only people who have to fear RoC are those who are not in a genuine relationship.