Conditional Permanent Residency ... When does it apply?

[Meerak 1]

I read this on this site:

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   OK, I heard somewhere about conditional permanent residency...what the heck is it, and does it apply to me??
Due to immigration fraud, the CIS gives ALL immigrants by marriage a conditional permanent residency green card unless the couple has been married for over 2 years at the time of interview. The conditional permanent residency green card is valid for only 2 years from issuance (the day your passport is stamped by customs or CIS), and the couple must file an I-751 form to remove conditions 90 days before the 2 years is up, or the immigrant will lose his/her green card For more information on Removal of Conditions go here. 

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I am a US citizen who has been married to a Filipina for 1.5 years. I intend to apply for I-130 as a DCF soon.

 

I was under the impression that the Conditional Residency will NOT apply to her if she enters the US after 2 years of marriage has passed (at the POE) but this one seem to say the 2 years is at the time of interview (please, read the bold underlines in the statement above)? 

Which one is it? Did I mis-understand?

 

 

 

[Kastrs 723]

1 hour ago, Meerak said:

I read this on this site:

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   OK, I heard somewhere about conditional permanent residency...what the heck is it, and does it apply to me??
Due to immigration fraud, the CIS gives ALL immigrants by marriage a conditional permanent residency green card unless the couple has been married for over 2 years at the time of interview. The conditional permanent residency green card is valid for only 2 years from issuance (the day your passport is stamped by customs or CIS), and the couple must file an I-751 form to remove conditions 90 days before the 2 years is up, or the immigrant will lose his/her green card For more information on Removal of Conditions go here. 

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I am a US citizen who has been married to a Filipina for 1.5 years. I intend to apply for I-130 as a DCF soon.

 

I was under the impression that the Conditional Residency will NOT apply to her if she enters the US after 2 years of marriage has passed (at the POE) but this one seem to say the 2 years is at the time of interview (please, read the bold underlines in the statement above)? 

Which one is it? Did I mis-understand?

 

 

 

If your wife enters the US AFTER your 2nd anniversary, she will be granted a 10 year GC

 

[Dashinka 24,109]

I think it really comes down to the date of the approval for the visa which usually comes soon after the interview, so if your wife's interview and approval for the DCF come prior to the 2nd anniversary, she may get the conditional card.  If it is close, the IO may help you out, but I think that is entirely up to them.

 

Good Luck!

[Sagot 1,548]

3 hours ago, Meerak said:

I read this on this site:

--------------------------------------------------------------------------
   OK, I heard somewhere about conditional permanent residency...what the heck is it, and does it apply to me??
Due to immigration fraud, the CIS gives ALL immigrants by marriage a conditional permanent residency green card unless the couple has been married for over 2 years at the time of interview. The conditional permanent residency green card is valid for only 2 years from issuance (the day your passport is stamped by customs or CIS), and the couple must file an I-751 form to remove conditions 90 days before the 2 years is up, or the immigrant will lose his/her green card For more information on Removal of Conditions go here. 

--------------------------------------------------------------------------

 

I am a US citizen who has been married to a Filipina for 1.5 years. I intend to apply for I-130 as a DCF soon.

 

I was under the impression that the Conditional Residency will NOT apply to her if she enters the US after 2 years of marriage has passed (at the POE) but this one seem to say the 2 years is at the time of interview (please, read the bold underlines in the statement above)? 

Which one is it? Did I mis-understand?

 

 

 

Married two years or longer your wife will get a 10 year green card upon entry into the USA.  Married less than two years ... conditional green card.   

 

(just the facts ma'am)

 

https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Edited April 17, 2017 by Sagot

[Tahoma 2,291]

They go by the date the visa is issued.  If you have been married less than two years, she will receive a conditional green card.

[Tahoma 2,291]

5 minutes ago, Dee elle said:

Conditional Residence and Removing Conditions

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis.

 

Don't confuse the visa approval date with the date LPR status is granted. LPR status is acquired on entering the USA, not on the date the visa is issued.. so the 2 year time frame is assessed at POE nit on interview date.

Thanks for the correction, Dee Elle.

[Jojo92122 1,924]

Getting a 10 years card goes by the date that the beneficiary receives permanent residency.   The day the visa is received does not matter.

 

A person who gets a CR-1 visa at the time when the marriage is under 2 years can avoid the conditional 2 years green card by entering the US after the 2nd wedding anniversary.

[Sagot 1,548]

31 minutes ago, Tahoma said:

They go by the date the visa is issued.  If you have been married less than two years, she will receive a conditional green card.   

 Not true!  

 

In this situation resident status IS granted at POE... NOT when the visa is issued.   A person can not be a Legal Permanent Resident until entry into the USA

 

And I even posted a link to the USCIS website for this in an earlier posting.

 

Conditional Residence and Removing Conditions

If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)

Edited April 20, 2017 by Sagot

[Meerak 1]

Thanks for clarifying, all.

POE to the US is when it's decided, then.

[Greenbaum 12,259]

Yup.