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

[jpbest 0]

I am holding F1 visa and married with a US CITIZEN. Usually 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.

[rebeccajo 14]

Planning on traveling out of the US during this time period?

[jpbest 0]

No, I am not planning going out of US.

Planning on traveling out of the US during this time period?

[shoe 0]

Okay your do not need to apply for AP if u dont intend to leave the country. Save your money. As for EAD you never know when your green card will be approved some pple take months while some take years.

[Reba 2]

when does your current visa expire?

Why do you think you don't "need" the conditional green card?

[stan K 0]

i think u will need to get Conditional GC first..

but i read somewhere that some people got their 10 year gc since right away.

iv gotten conflicting stories about this so im not sure..

when does your current visa expire?

Why do you think you don't "need" the conditional green card?

[Ashleigh-Au 0]

There is no requirement to have a conditional GC....

I'm not sure of the terms of an F1 visa but I would think as long as you have current legal status in US you can apply to adjust your status at any time.

If you can wait until you have been married 2 years....and still have legal status ...I would.

[jpbest 0]

Thanks, everybody.

My student visa willnot expire until 2010. I just feel applying for conditional gc is not necessary right now for me cause I donot need it. I even donot go out of this country.

So I am wondering whether I must have conditional gc for 2(?) years at first?

[jso 0]

Insight and advice from a past F1 holder:

There are two ways you could do this.

First, as an F1 visa holder, you can't work off-campus. You also have to pay out-of-state tuition (or out-of-country tuition, as I call it.) This is a crapload. Applying for and getting your Permanent residency would make you eligible to work off-campus and pay in-state tuition, both giving you a very good headstart for the future financially. Personally, I would go this route if I were you. Apply now.

The other way you could do this is to wait till after you've been married for two years. Newlyweds usually get the conditional 2-yr GC just to see if the marriage can actually stand the test of.. well...the 2-yr test. If you've been married for over a year (I believe..don't quote me though,) you are eligible for the 10-yr GC and you are given that without any conditions.

Again, if I were you, I would apply now.

GL

[Killer_Clown_2009 0]

Sorry are you filing an I-140 or I-130?

If you are married 2 years at the time your AOS is approved (based on marriage to US Citizen I-130), then you don't need get the conditional card.

[jso 0]

Sorry are you filing an I-140 or I-130?

If you are married 2 years at the time your AOS is approved (based on marriage to US Citizen I-130), then you don't need get the conditional card.

I don't think you get to pick which you're going to file for. There's no separate form for the 10-yr gc. They give you what they feel you should get given your circumstance. I believe someone here got a 10yr gc without being married that long (it's been a while back; found it while I was reading up stuff)

Edited November 25, 2006 by jso