Getting immediate 10year visa? How?

[meowmeister 4]

My wife was recently approved for her 2year visa.

 

However today we heard that her cousin was immediately approved for a 10year visa. My wife is both shocked and jealous, and we're both wondering how in the world he got it.

 

My wife's case was pretty straightforward - basically no red flags, nothing to hide. She came to the US on a student visa, we met, got married, and voila.

 

Her cousin's case is a lot more complicated. He's been here 10years+ undocumented and has been running a business under another identity. He met his wife and got married, but they have a 13 year age difference (which I understand is a red flag too). Frankly the whole family was extremely worried that his visa application might get rejected, or worse, he might get flagged for deportation considering everything going on with ICE, etc. these days. Especially worrisome was if he would get asked "####### have you been doing here for 10+ years? Were you working (illegally)? Were you in school?"

 

But lo and behold, he's now the proud holder of a 10year visa. We're both glad and happy for him, but also shocked as to how it happened.

 

What gives?

[Illiria 980]

One technicality before we start if she and the cousin are already here and were approved here for adjustment of status then it is a green card not a visa they have obtained.

 

Now, how long had you been married when the green card was approved? How long had the cousin been married?

 

If the cousin had been married for more than two years when the green card was approved then they would get a ten year one. If you haven’t been married for two years when the green card was approved then your wife got the two year one. Is logical if you know about the conditional green card and the removal of conditions requirement, I suggest that you read up on the removal of conditions requirement for those that were given a two year green card. 

 

Running the business under another identity could come back to bite the cousin if he didn’t declare working on the adjustment of status application, if a fraudulent but valid social security number was used especially if it was if a US citizen. He should know that they can strip him of his green card and even if it isn’t found until after he becomes a citizen they can strip him of that too if it is found to have been a material fact that would have had the original green card denied. 

Edited July 2, 2018 by Illiria
Added info

[mushroomspore 3,044]

^^What was said above.

 

Green cards and visas are NOT the same thing. Visas restrict length of stay and what one's allowed to do while in the US. GC's aren't as restrictive and grant permanent resident status. 

 

2-year GC's are given to couples who have been married for less than 2 years. 10-year GC's are granted to those married more than 2 years. Your wife will get the 10-year GC after she files I-751 90 days before her current GC's expiration date. I strongly suggest you read up about this now and mark the dates down because it's worrisome you aren't aware of these technicalities already.

[Crazy Cat 41,985]

Green Cards issued by marriage to a US citizen are determined by the length of the marriage....less than 2 years equals a conditional 2 year Green Card......2 years or longer equals a 10 year Green Card.

[ThomasNC1988 762]

Its all about how long you have been married. Less than 2 years you get a 2 year GC more than 2 years you get a 10 year GC. Overstay pretty much doesn't matter when you are the spouse of a USC.