Will it be a 2 year conditional or Permanent residence

[edgarmanzo0916 3]

To make things short My wife entered the US on k1 visa on 07/23/2011 we got married 09/26/2011...we filed for AOS and EAD on 04/12/2013, almost 2 years after she entered. We received her Biometrics appt letter and was done on 5/6/13.We received her EAD on 05/23/2013. Considering i filed almost 2 years after her entry and with all details i just entered. Does anyone think that USCIS will jump straight to give her a 10 year P.R or does she still have to go through a 2 year conditional???

[Harpa Timsah 13,258]

There are two contradicting laws here. One says that all GCs issued to K-1 entrants (AOS based on approved I-129F and marriage to the petitioner) must result in a 2 year card.

Another rule says that someone who is married for 2 years at the time of GC issuance will get a 10-year card.

You still have a few months before you have been married for 2 years anyway. If you get approved after that, there is a chance you'll get the 10-year, but also a chance to get the 2-year.

[edgarmanzo0916 3]

hmm interesting, so pretty much by what ive been reading is in the event she is given a 2 year conditional, i should have an application ready to remove the conditions since it takes a while to process and it asks to do it at least 90 days before the expiration of the conditional. wouldnt make sense but if thats how uscis wants it. so the 2 years count as of the date we married??

[Harpa Timsah 13,258]

hmm interesting, so pretty much by what ive been reading is in the event she is given a 2 year conditional, i should have an application ready to remove the conditions since it takes a while to process and it asks to do it at least 90 days before the expiration of the conditional. wouldnt make sense but if thats how uscis wants it. so the 2 years count as of the date we married??

The "2 years" that determines type of GC received is the day you are married. The date of GC issuance determines the expiration date on the card. So if you are approved today, her GC would expire on 6 June 2015

You don't need to have an application ready yet. You can only apply starting 90 days before the GC expires, which will be in 2 years. Not now.