Avoiding Conditional Residency requirements

[marthehun 0]

Hi,

I've read somewhere that it is possible to skip the so called "conditional" resident part and get the 10-year green card right away after successful intial interview with the USCIS. Do any of you guys can give me more info on the subject or share your experiences with me? I don't mind waiting two years until I can finally apply for the 10-year green card. It's just that I feel it shouldn't be neccesary for people without cruel intentions to wait so long so they can re-apply for a green card which processing fee is around $300. Thanks for any helpful advice.

[Kez/JWolf 6]

To get a 10 years Greencard at interview you would have to have been married for 2 years or more at the time of the interview.... if not then you get a 2 year conditional Greencard and have to file to have the conditions removed 1 year & 9 months after your interview...

Kez

[lucyrich 20]

The idea the legislators had was that it's a lot easier for a fraudulent couple to fake being married for a few months than it is to fake being married for two years. If you've been married two years or more at the time you get your initial green card, you'll be expected to show the kinds of evidence one would expect of a long-married couple, and in return, you'll get the unconditional green card. If you've been married less than two years when you get the first green card, it will be conditional, and you'll have to file for removal of conditions.

The lone exception to this rule is if you're adjusting status from a K-1 and your AOS happens more than two years after the marriage (such a long delay shouldn't be common). There's language in the statute that suggests ALL K-1 adjusters can only be approved for conditional residency, regardless of the length of marriage, though not all offices have interpreted that language consistently.