Applying for AOS and almost married for two years

[Saimonara 0]

Hi everyone,

 

My wife is American and I'm applying for AOS next week. We are filing the I-130 and I-485 together and we have almost everything ready to be submitted—we are filing in Chicago. My question is simple, our second wedding anniversary is in two months and I would prefer to get the 10 year green card than the conditional 2 year one. Do you think it's wise to wait for two months until we have been married for two year to file my papers, or do you think that by the time USCIS Chicago starts processing my forms our second anniversary would have already passed? When do you have to be married for two or more years? Is the acceptance of the documents, the biometrics, or the interview?

 

Thanks!

[Suss&Camm 2,213]

17 minutes ago, Saimonara said:

Hi everyone,

 

My wife is American and I'm applying for AOS next week. We are filing the I-130 and I-485 together and we have almost everything ready to be submitted—we are filing in Chicago. My question is simple, our second wedding anniversary is in two months and I would prefer to get the 10 year green card than the conditional 2 year one. Do you think it's wise to wait for two months until we have been married for two year to file my papers, or do you think that by the time USCIS Chicago starts processing my forms our second anniversary would have already passed? When do you have to be married for two or more years? Is the acceptance of the documents, the biometrics, or the interview?

 

Thanks!

The two years is counted when the approval is given. No need to wait to apply

[Saimonara 0]

Awesome Suss&Camm, thank you for the information! So I'm guessing the approval is after the interview right? Does anyone know what the processing times are for Chicago? A friend of mine filled in November and got approval in March but that was before the current administration.

[Beefheart 31]

Sorry to hijack your thread. I just filed my AOS last week and am in a similar position to you, although my wife and I have been married for two-and-a-half years. So, will the greencard issued last for ten years or should I have filed some kind of additional or different forms?

What have I missed here?

[Saimonara 0]

For what I understand, married applicants who have been married to their American spouse for less than two year get a conditional green card that is valid for two years. If you have been married for more than two year at the time your permanent residence is approved, then you receive a 10 year green card. Both are identical in terms of your rights except that one is "conditional" because you must prove that you didn't get married for immigration purposes. If you get a conditional green card you have to renew it 90 before it expires.  There is no need to fill out additional forms, you should receive a 10 year one based on your two and a half marriage. 

 

Here is some more info: https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

[Dashinka 24,758]

5 hours ago, Beefheart said:

Sorry to hijack your thread. I just filed my AOS last week and am in a similar position to you, although my wife and I have been married for two-and-a-half years. So, will the greencard issued last for ten years or should I have filed some kind of additional or different forms?

What have I missed here?

No additional forms needed.  Whether you get the 2yr or 10yr card depends on the date the GC is approved.  I know with my wife it took about 5 months, but I am not sure what the times are now.  You may be close.

 

Good Luck!