Can I apply for permanent Greencard directly after marrying 2 years without applying for conditional greencard?

[jpbest 0]

I have a question.

I am F1 student visa, married with a US CITIZEN. I heard that ususally we need to do the following：

1。 file I 140 and 485

2. get AP and EAD

3. get Conditional Greencard

4. after marrying 2 years apply for conditional greencard removal

5. get permanent card

right now I donot need conditional greencard or EAD. Can I apply for

permanent Greencard directly after marrying 2 years without applying for

conditional greencard?

Thanks.

[sparkofcreation 0]

I don't know for sure, but I thought that getting married would invalidate your student visa and cause renewal to be denied. Since student visas are non-immigrant and having a US citizen spouse clearly demonstrates immigrant intent.

[jpbest 0]

during marriage, I will not go out of the USA. Does this help clarify?

I don't know for sure, but I thought that getting married would invalidate your student visa and cause renewal to be denied. Since student visas are non-immigrant and having a US citizen spouse clearly demonstrates immigrant intent.

[hcj 0]

If you have been married for 2 years at the time that your GC is granted, it should (in theory) be the ten-year version (with no conditions to remove in two years). This doesn't always happen but according to USCIS guidelines, it should.

You file I-130 (not I-140) and I-485. AP and EAD are optional.

[Dr_LHA 3]

I don't know for sure, but I thought that getting married would invalidate your student visa and cause renewal to be denied. Since student visas are non-immigrant and having a US citizen spouse clearly demonstrates immigrant intent.

The act of marriage does nothing to invalidate the student visa, only the act of applying for AOS. Marriage itself does not show clear immigration intent after all. I know people who've been married on student visas and had no issues renewing, as they never actually intended to remain in the USA with their USC spouse.

To the OP: The application process for a GC is the same whether you're under or over the 2 year mark. If you have been married for >2 years when interviewed, then you will get a 10 year green card, that's all there is to it.