I was given Section 216 Notice at immigration interview, then I got RFE with deadline on the 2yrs mark. Will I get conditional GC?

[Ricard 0]

Wife (UScitizen) and I entered lovely marriage, however, we've grown apart to the point that she wants to walk away and not work on it anymore, she's acting highly emotionally, not rationally, she's no longer reliable, it's a painful, frustrating situation. AOS-interview took place almost 23 mths after our marriage and went great, IO was very courteous and welcomed me to the US, I was given Sec. 216 Notice stating my residence will be conditional for 2 yrs as of the approval date and we'll have to submit Form I-751 to remove conditional basis.

2wks later an RFE (simple stuff that we took to interview but IO never asked to see) was mailed to our previous address (we moved to new address the day after AOS-interview and updated address within 10 days), I only got it cause I went back to check our old place's mailbox. Such RFE's deadline is exactly 1  calendar day before our marriage's 2-yr mark. Given our relationship is complicated and future is uncertain I'd like not to depend on her 2 yrs in the future, so I'm tempted to wait until the deadline to respond to RFE. Question is if it's worth it and I'll get 10-yr GC, or because I got a Sec. 216 notice, I'll get conditional GC anyway. 

I guess my real question here is if that "Section 216 notice" I got will override or outweigh the part of the immigration law that says that if approval is after 2-year mark it will automatically be a 10yr GC. I'm not sure if I'm being too bold here to think that would be a likely outcome.

[Villanelle 4,122]

Sec 216 notice is just a paper they have to give people who are getting the conditional card. IF your case is approved (and subsequently card issued) after you pass 2 years of marriage you will get the 10 year card. But you do need to realize you do NOT need your spouse to remove conditions, you can do such on your own with a divorce decree.

 

You will have to weigh carefully the risks and benefits with waiting for the last day to send back the RFE. Theres a chance it doesnt get there in time, or gets lost/misplaced. If that happens you are going to be denied. Also the Officer will be able to see the dates and will see that you are going to be getting the 10yr card. Sometimes people in that situation (skipping ROC) for whatever reason - well, the Officer will review the case a bit harder because they know there is not going to be another review at ROC.