The 2 year anniversary rule

[Elena 0]

I have read different things on different postings regarding this subject. Does anyone know what the official rule is? Is it two years from the date of marriage or two years from the date of entry into the U.S.?

Here’s a hypothetical scenario: This is for spousal visa K3, not fiancé visa. A couple gets married Jan 1, 2005 (in foreign country). The non-USC enters the U.S. on Jan 1, 2006 (one year later). Does the 2 year rule start from 2006 or from 2005 when they got married? Is anyone else confused? Please help.

[kim&james 0]

For this situation above, if the couples wedding anniversary (2nd) falls before the successful greencard interview then the immigrant will be granted LPR. If the greencard interview falls before the 2nd wedding anniversary then it will be a conditional one.

Some people on here have had good officers at their interviews and I read recently one had held the papers over for 2 weeks (i think) so that their wedding anniversary passed an they were issued LPR instead of CPR. But this seems the unusual scenario and the case of an immigration officer going above and beyond.. tis nice to see!

[LaL 418]

its not upon entry. Take CR1's and IR1's for example. They are given the appropriate visas based on their marriage date, which is essentially what K1's do, only AOS stateside vs. overseas.

[Yodrak 7]

Elena,

"2 year rule" for what?

Yodrak

I have read different things on different postings regarding this subject. Does anyone know what the official rule is? Is it two years from the date of marriage or two years from the date of entry into the U.S.?

Here's a hypothetical scenario: This is for spousal visa K3, not fiancé visa. A couple gets married Jan 1, 2005 (in foreign country). The non-USC enters the U.S. on Jan 1, 2006 (one year later). Does the 2 year rule start from 2006 or from 2005 when they got married? Is anyone else confused? Please help.

[Elena 0]

For adjustment of status, whether a person gets a 10 year green card or a conditional 2 year card.

Elena,

"2 year rule" for what?

Yodrak

I have read different things on different postings regarding this subject. Does anyone know what the official rule is? Is it two years from the date of marriage or two years from the date of entry into the U.S.?

Here's a hypothetical scenario: This is for spousal visa K3, not fiancé visa. A couple gets married Jan 1, 2005 (in foreign country). The non-USC enters the U.S. on Jan 1, 2006 (one year later). Does the 2 year rule start from 2006 or from 2005 when they got married? Is anyone else confused? Please help.

[Yodrak 7]

Elena,

It is neither 2 years from date of marriage nor 2 years from date of entry into the USA.

It's 2 years from the date that LPR status is granted. (Which for people with immigrant visas does happen to be the day of entry, but for K-visa people it is not.)

Yodrak

For adjustment of status, whether a person gets a 10 year green card or a conditional 2 year card.

Elena,

"2 year rule" for what?

Yodrak

I have read different things on different postings regarding this subject. Does anyone know what the official rule is? Is it two years from the date of marriage or two years from the date of entry into the U.S.?

Here's a hypothetical scenario: This is for spousal visa K3, not fiancé visa. A couple gets married Jan 1, 2005 (in foreign country). The non-USC enters the U.S. on Jan 1, 2006 (one year later). Does the 2 year rule start from 2006 or from 2005 when they got married? Is anyone else confused? Please help.

Edited November 14, 2006 by Yodrak

[LaL 418]

Elena,

It is neither 2 years from date of marriage nor 2 years from date of entry into the USA.

It's 2 years from the date that LPR status is granted. (Which for people with immigrant visas does happen to be the day of entry, but for K-visa people it is not.)

Yodrak

what?? if you are granted LRP status 4 years after you are married (for example) wouldn't it be more likely you would receive a 10 year greencard? VS. if you were married 6 months at the time of LRP approval where you most likely would receive the Conditional PR.

what did i miss here?

[Elena 0]

So in my hypothetical scenario where the couple has a K3, would they get a 10 year green card if their AOS was approved in 2007? They would’ve been married for 2 years by then.

Elena,

It is neither 2 years from date of marriage nor 2 years from date of entry into the USA.

It's 2 years from the date that LPR status is granted. (Which for people with immigrant visas does happen to be the day of entry, but for K-visa people it is not.)

Yodrak

[Yodrak 7]

Elena and lal_brandow,

OK, re-statement needed because there are 2 2-year issues involved and I think I gave you the wrong one.

The first 2-year period is between date of marriage and date of obtaining status - less than 2 years and status is conditional, more than 2 years and status is not conditional. I think now that this is what you asked?

The second 2-year period is between date of obtaining status and date of applying to remove the condition when status was conditional.

Did I do better this time?

Yodrak

So in my hypothetical scenario where the couple has a K3, would they get a 10 year green card if their AOS was approved in 2007? They would've been married for 2 years by then.

what?? if you are granted LRP status 4 years after you are married (for example) wouldn't it be more likely you would receive a 10 year greencard? VS. if you were married 6 months at the time of LRP approval where you most likely would receive the Conditional PR.

what did i miss here?

Elena,

It is neither 2 years from date of marriage nor 2 years from date of entry into the USA.

It's 2 years from the date that LPR status is granted. (Which for people with immigrant visas does happen to be the day of entry, but for K-visa people it is not.)

Yodrak

Edited November 14, 2006 by Yodrak

[LaL 418]

yup yup - thanks Yodrak!

[Kez/JWolf 6]

scenario 1. you meet the person of your dreams and you get married in London in Jan 2001.. you file for CR1/IR1 and are approved on march 2003 you enter the USA in April 2003 your Greencard based on IR1 is valid from the date you entered and is valid for 10 years.... (you were married for 2 years or more when you activated the IR1)

scenario 2. you meet the person of your dreams and you get married in London in Jan 2005.. you file for CR1/IR1 and are approved on march 2006 you enter the USA in April 2006 your Greencard based on CR1 is valid from the date you entered and is valid for 2 years.... (you were not married for 2 years or more when you activated the CR1) you will have to file to remove conditions 90 days before the 2nd anniversary of your entry and activation of your greencard....

scenario 3. you met the person of your dreams and get married in london in Jan 2002 you file I-130 in Dec 2002 and do the K3 route you enter the USA in Feb 2004 and you file for AOS in March 2004 you get approved at AOS interview in Oct 2004 and you recieve a 10 year Greencard (you were married more than 2 years on approval)

scenario 4. you met the person of your dreams and get married in london in Jan 2005 you file I-130 and do the K3 route you enter the USA in Feb 2006 and you file for AOS in March 2006 you get approved at AOS interview in Oct 2006 and you recieve a 2 year Greencard (you were married less than 2 years on approval) you have to file to remove the conditions 90 days before the 2nd anniversary of your approval...

hope that helps