2-year residency or 10-year residency?

[meow85meow 3]

Hello. I am the applicant living abroad while my husband (the petitioner/US Citizen) filed for me in the States. We got married May 2018. We were just informed that our case was created at NVC and we had submitted the AOS fee and IV fee payment yesterday. However, I have a question regarding the type of residency I will be granted. I understand that if the second anniversary of our marriage has passed at the time of visa approval, I will be granted a 10 year residency, while if the anniversary has not passed, it would be a 2 year conditional residency. My question is, when exactly does this second anniversary marker end?? Is it (i) when we filed the application (already passed; 2 year res.), (ii) when we have our interview (depending on how quickly we get documents ready, 2 year res. or 10 year res.), or (iii) when I enter the US (most likely 10 year res.)? I have asked MULTIPLE people and have gotten several different answers, so I would like to get some clarity on this issue (my lawyer says it is (i), a different forum says (iii), and when I did another Google search, an old VisaJourney thread said (ii):

 

Any and all help would be appreciated!!!! Thank you!!!! 

[Just Paul 4,595]

9 minutes ago, meow85meow said:

I understand that if the second anniversary of our marriage has passed at the time of visa approval, I will be granted a 10 year residency, while if the anniversary has not passed, it would be a 2 year conditional residency.

Incorrect.   If you enter the US after two years of marriage you will receive a 10yr green card.  It has nothing to do with the issue date.

Edited October 2, 2019 by Paul & Mary

[payxibka 10,045]

14 minutes ago, meow85meow said:

Hello. I am the applicant living abroad while my husband (the petitioner/US Citizen) filed for me in the States. We got married May 2018. We were just informed that our case was created at NVC and we had submitted the AOS fee and IV fee payment yesterday. However, I have a question regarding the type of residency I will be granted. I understand that if the second anniversary of our marriage has passed at the time of visa approval, I will be granted a 10 year residency, while if the anniversary has not passed, it would be a 2 year conditional residency. My question is, when exactly does this second anniversary marker end?? Is it (i) when we filed the application (already passed; 2 year res.), (ii) when we have our interview (depending on how quickly we get documents ready, 2 year res. or 10 year res.), or (iii) when I enter the US (most likely 10 year res.)? I have asked MULTIPLE people and have gotten several different answers, so I would like to get some clarity on this issue (my lawyer says it is (i), a different forum says (iii), and when I did another Google search, an old VisaJourney thread said (ii):

 

Any and all help would be appreciated!!!! Thank you!!!! 

Entry, entry, entry.  

 

 

[Boiler 45,516]

Entry

[meow85meow 3]

Thanks everyone for confirming. One additional question - does anyone have any idea why people were basing the length of the marriage on the interview date in the thread below (albeit, it's from 2008, but still figure it's good to check)???

[meow85meow 3]

Sorry, forgot to add the link to the thread:

 

 

[Melc 138]

3 hours ago, meow85meow said:

Thanks everyone for confirming. One additional question - does anyone have any idea why people were basing the length of the marriage on the interview date in the thread below (albeit, it's from 2008, but still figure it's good to check)???

You've linked an Adjustment of Status, which takes place inside the US. 

Not relevant to your case, since you've applied from abroad.

 

They're different procedures. 

 

Edited October 2, 2019 by Melc

[payxibka 10,045]

7 hours ago, meow85meow said:

Thanks everyone for confirming. One additional question - does anyone have any idea why people were basing the length of the marriage on the interview date in the thread below (albeit, it's from 2008, but still figure it's good to check)???

Green card interview date is very different than entry on an immigrant Visa 

[Mollie09 1,543]

If you do AOS, it's based on when you're approved at the interview because you're already in the US.

[SandraLee 4]

Hey according to my lawyer it’s the second year of your wedding anniversary and if you are approved after that it’s a 10year not 2 year conditional green card!

[Melc 138]

Again, it’s important to make a distinction here between AOS, adjusting status to that of a permanent resident, which takes place inside the US, 

and the spousal visa (ir1/cr1) where you live abroad and become a permanent resident upon entry. 

In the case of the latter, what matters is the date you become a permanent resident; i.e., the date of entry into the US. If this is after your second anniversary, you are entitled to an unconditional greencard. 
 

if you are issued a conditional greencard by mistake after having entered after your 2-year anniversary, you should file an i-90, without paying a fee, since you were issued a conditional greencard by mistake. 

[JFH 12,190]

4 hours ago, SandraLee said:

Hey according to my lawyer it’s the second year of your wedding anniversary and if you are approved after that it’s a 10year not 2 year conditional green card!

Not quite right. I hope you’re not paying the lawyer much. It’s based on the date of your entry into the United States, not the date your visa is approved it issued. 

 

Using the OP’s dates, let’s say her wedding date is May 15, 2018. If she arrives here on or after May 15, 2020 she will receive a 10-year GC. If she arrives here on May 14, 2020 or before, she will receive a 2-year conditional card and have to go through the removal of conditions circus.  

[SandraLee 4]

1 hour ago, JFH said:

Not quite right. I hope you’re not paying the lawyer much. It’s based on the date of your entry into the United States, not the date your visa is approved it issued. 

 

Using the OP’s dates, let’s say her wedding date is May 15, 2018. If she arrives here on or after May 15, 2020 she will receive a 10-year GC. If she arrives here on May 14, 2020 or before, she will receive a 2-year conditional card and have to go through the removal of conditions circus.  

Yes correct I see your point I’m just saying you still need to be married two years to the date.