Permanent Residency

[pre164 0]

Anyone,

Hi, my wife and stepson have been going through the "Adjustment of Status" stage. And we were completely surprised that she recieved her Permanent Residency Card, 2 months after they took her finger prints. But at this junction 2 questions:

1. The card is only valid for 2 years. One of her Peruvian friends told her that it should be for 10.

2. She did not go through any interview. Was that a mistake or what?

Any input would be appreciated. craig

[john_and_marlene 162]

No mistake. Since 1986, if you have been married for less than 2 years when residence is approved, the residency is conditional and valid for 2 years. Within 90 days of the expiration of the conditional residency, you must apply to remove the conditions. Some status adjustments are approved without interview.

[SoL. 0]

Hello and congrats on receiving your card! The first card to be received is for two years, so she has the correct card. Then when removing conditions she will get the one for the 10 years.

And being approved w/o the interview is normal, specially at CSC.

Congrats again!

[walls1010 3]

It's not a mistake, it's a conditional LPR that's why it's only valid for 2 years. She will apply again 3 months before her conditonal LPR will expire filing the form I-751 (petitions to remove the conditions of residence) for the 10 years LPR.

[pre164 0]

To John and Marlene, Sol-de-Verano, and Walls 1010,

Thank you very much for your answers. I feel better knowing everything is okay. craig

[eau_xplain 2]

It's not a mistake, it's a conditional LPR that's why it's only valid for 2 years. She will apply again 3 months before her conditonal LPR will expire filing the form I-751 (petitions to remove the conditions of residence) for the 10 years LPR.

Just a small correction, it's actually 90 days, not 3 months (as 3 months is not always = 90 days).

[meauxna 15]

1. The card is only valid for 2 years. One of her Peruvian friends told her that it should be for 10.

2. She did not go through any interview. Was that a mistake or what?

Any input would be appreciated. craig

Now That You Are A Permanent Resident

Some of you may be CONDITIONAL RESIDENTS. This page applies equally to you while you are in conditional resident status. The difference between you and an unconditioned permanent resident is that your permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. Those of you with conditional permanent residence either received your residence through a marriage relationship where the marriage was less than two years old at the time you became a Permanent Resident, or you received that status through an investment as an employment creation immigrant (EB-5). If you successfully petition for removal of the condition on your immigration status, this page will still apply to you as a Permanent Resident.

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

After a successful petition to remove the conditions, a 10-year validity Green Card is issued.

[florida_guy07 0]

It's not a mistake, it's a conditional LPR that's why it's only valid for 2 years. She will apply again 3 months before her conditonal LPR will expire filing the form I-751 (petitions to remove the conditions of residence) for the 10 years LPR.

Do you mind updating your timeline so we can see what's going on ?

[athena_ny 1]

Anyone,

Hi, my wife and stepson have been going through the "Adjustment of Status" stage. And we were completely surprised that she recieved her Permanent Residency Card, 2 months after they took her finger prints. But at this junction 2 questions:

1. The card is only valid for 2 years. One of her Peruvian friends told her that it should be for 10.

2. She did not go through any interview. Was that a mistake or what?

Any input would be appreciated. craig

My husband's Peruvian friends tell him a lot of things that aren't true.

If you've been married less than 2 years at adjucation, you get a conditional card. Then you remove conditions 90 days before the expiration of that card, then they issue a 10 year card.

Some K1s or K3s are adjucated without an interview.

[GabachaYucateca 0]

So there are two AOS, yes? One just after marriage (for a K1) and then another 90 before the two year conditional LPR is up? Is the second refered to as AOS AND lifting of conditions, or just the latter?

[athena_ny 1]

So there are two AOS, yes? One just after marriage (for a K1) and then another 90 before the two year conditional LPR is up? Is the second refered to as AOS AND lifting of conditions, or just the latter?

Not really two AOS ... there's the original one, then the lifting of conditions, which is just referred to as "lifting of conditions."

[meauxna 15]

So there are two AOS, yes? One just after marriage (for a K1) and then another 90 before the two year conditional LPR is up? Is the second refered to as AOS AND lifting of conditions, or just the latter?

hola,

Like meow says, "not exactly".

"Adjust status" has a specific meaning in immigration-speak. It's the process of switching from a non-immigrant status to an immigrant one (permanent resident).

When the I-485 is submitted. that is applying for "AOS". When that is completed, the person is a Permanent Resident, with conditions (if via a marriage less than 2 years old).

At the two years mark, the couple must file together to remove the conditions. Please read the quotes I left earlier.

That process isn't adjusting their status, it's removing conditions. The person filin I-751 is a Permanent Resident already, and they remain one, as long as they file I-751 properly.

[GabachaYucateca 0]

Thanks for the replies...I do understand the general process, ie change from condition PR to PR, but I was unsure about the terminology.