How long to become permanent US resident after marriage?

[Julia123 0]

Hi, how long does it take to become a permanent resident? (not just a conditional permanent residence)

And after becoming a permanent resident, can we move to the philippines and at the same time maintain my permanent residency in the US?

[apple21 953]

The point of being a US permanent resident (10-year GC) is to live permanently in the US.

[MRS.MONTILLA 4]

Sounds fishy to me

[Julia123 0]

Yes but what if we want to live in the philippines later? because i will study in the US and my husband bought property in the philippines that we can go and live in after

[TBoneTX 46,209]

Read the Guides (link atop any VJ page) for Adjustment of Status.

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum. ***

[Henry&Rebecca 39]

For a marriage based permanent residence, the removal of conditions happens after 2 years. Now... I am unsure as to whether an already married couple removes conditions after 2 years of being married, or after 2 years of receiving a conditional green card. This might depend on the type of petition you apply for, whether you're already in the US and whatnot.

In any case, conditional or not, a green card is a Legal Permanent Resident card intended for people intending to reside in the USA. If you're looking to go back to the Philippines in the near future, might I recommend staying an extra year (3 years total) so as to gain citizenship, after which you can return to the Philippines as an American Citizen, and can come back to the USA anytime you wish... Because I believe leaving the USA for a period of longer than 6 months in any given 1 year period, without obtaining some documentation first, would constitute an abandonment of the LPR status / GC, and they will take it from you if you try to return afterward.

So yeah... Best advice if you plan on returning to the Philippines indefinitely, is to stick it out till citizenship (3 years) before returning. If you plan otherwise, then please go ahead and research more on the matter as there are more rules than what I wrote above.

[Hank_ 9,174]

Hi, how long does it take to become a permanent resident? (not just a conditional permanent residence)

And after becoming a permanent resident, can we move to the philippines and at the same time maintain my permanent residency in the US?

You get your 10 year green card two years after receiving your 2 year conditional green card.

If you move back to the Philippines and stay outside the USA (I believe) for a year or more USCIS can revoke your green card, thinking that you have abandoned it.

What you really need to do is ride it out here in the States one more year and get your naturalization. Once you are a citizen you can go back and live in the Philippines as long as you so choose without issues when you decide to return to the USA.

[dwheels76 5,469]

You get your 10 year green card two years after receiving your 2 year conditional green card.

If you move back to the Philippines and stay outside the USA (I believe) for a year or more USCIS can revoke your green card, thinking that you have abandoned it.

What you really need to do is ride it out here in the States one more year and get your naturalization. Once you are a citizen you can go back and live in the Philippines as long as you so choose without issues when you decide to return to the USA.

on that note with Adjustment of status lately taking over a year. If the couple celebrates their 2 year wedding anniversary before approval they get the 10 year green card correct? and than they have to wait 3 years from green card to naturalize, right?

[Hank_ 9,174]

You only need three years of legal residence before a person can apply for naturalized citizenship when married to a USC.

[KayDeeCee 4,896]

on that note with Adjustment of status lately taking over a year. If the couple celebrates their 2 year wedding anniversary before approval they get the 10 year green card correct? and than they have to wait 3 years from green card to naturalize, right?

They should, but some adjusting from a K-1 have not been given the 10 year card even when they have been married over 2 years. This is why it is suggested that if you have been married for 2 years already before filing for AOS from a K-1 that you also include the I-130 so the adjustment will be based on that petition instead and the 10 year card will be sure to be issued. Of course the USCIS makes mistakes too and those that should have been given a 2 year card have received a 10 year card and vice versa. If someone receives a card that they believe to be in error, they can file an I-90 to get it corrected. If it was an error by the USCIS, then there is no fee.

(g) Fiancé(e) Adjustment Cases .

While K-1 and K-2 aliens adjust under section 245 of the Act, they are also subject to the provisions of section 216 of the Act. Accordingly, the adjusting alien becomes a conditional permanent resident, unless the marriage between the adjustment applicant and the petitioning fiancé(e) is at least 2 years old at the time adjustment is granted.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-9232.html

Yes, after they have been a permanent resident for 3 years and married to the same USC petitioner/sponsor for that entire time, they can file for naturalization.