10 Year Unconditional Green Card after 2 year marriage

[Tishy Wishy 18]

Hi!

 

My husband and I would prefer to wait until after our two year anniversary (July 6, 2020) for him to come to the US in order to get the 10 year GC. We're currently waiting for our case # from NVC. 

 

Initially I thought you had to interview after the two years in order to qualify for the unconditional GC. From what I have been reading, it seems as though it's when the person enters the US that the decision is made if the GC is conditional or unconditional. Would really love to know which one is the actual process since this will help us decide when to submit our docs to NVC for processing. 

 

Thanks!

 

[Duke & Marie 1,389]

3 minutes ago, Tishy Wishy said:

Hi!

 

My husband and I would prefer to wait until after our two year anniversary (July 6, 2020) for him to come to the US in order to get the 10 year GC. We're currently waiting for our case # from NVC. 

 

Initially I thought you had to interview after the two years in order to qualify for the unconditional GC. From what I have been reading, it seems as though it's when the person enters the US that the decision is made if the GC is conditional or unconditional. Would really love to know which one is the actual process since this will help us decide when to submit our docs to NVC for processing. 

 

Thanks!

 

Must be married for two years on date of entry for unconditional.

 

but remember you’ve only got six months to enter post visa being issued,   And as a Side note, I’m 99% sure your medical has to be in date when entering, this expires after six months from date it was done.. so at the earliest you’d want to do the medical 7 jan, if she intends to land in the USA on your 2nd wedding anniversary and get unconditional gc 

[payxibka 10,045]

19 minutes ago, Tishy Wishy said:

Hi!

 

My husband and I would prefer to wait until after our two year anniversary (July 6, 2020) for him to come to the US in order to get the 10 year GC. We're currently waiting for our case # from NVC. 

 

Initially I thought you had to interview after the two years in order to qualify for the unconditional GC. From what I have been reading, it seems as though it's when the person enters the US that the decision is made if the GC is conditional or unconditional. Would really love to know which one is the actual process since this will help us decide when to submit our docs to NVC for processing. 

 

Thanks!

 

Entry,  entry, entry 

[Lil bear 4,189]

1 hour ago, Tishy Wishy said:

Hi!

 

My husband and I would prefer to wait until after our two year anniversary (July 6, 2020) for him to come to the US in order to get the 10 year GC. We're currently waiting for our case # from NVC. 

 

Initially I thought you had to interview after the two years in order to qualify for the unconditional GC. From what I have been reading, it seems as though it's when the person enters the US that the decision is made if the GC is conditional or unconditional. Would really love to know which one is the actual process since this will help us decide when to submit our docs to NVC for processing. 

 

Thanks!

 

Avoiding ROC saves money .. you can slow down the process at NVC.  by pacing the payment of fees and submission of documents. Don’t do your medical until the case file has been sent to the consulate. Even with a quick NVC Processing I would imagine your time frame of entering after your 2nd anniversary is going to happen anyway  

Edited November 11, 2019 by Lil bear

[villaC 4]

14 hours ago, Tishy Wishy said:

Hi!

 

My husband and I would prefer to wait until after our two year anniversary (July 6, 2020) for him to come to the US in order to get the 10 year GC. We're currently waiting for our case # from NVC. 

 

Initially I thought you had to interview after the two years in order to qualify for the unconditional GC. From what I have been reading, it seems as though it's when the person enters the US that the decision is made if the GC is conditional or unconditional. Would really love to know which one is the actual process since this will help us decide when to submit our docs to NVC for processing. 

 

Thanks!

 

I dont know about the 2 year wait. I know that when my wife entered the US after us being married less than a year she was not given a conditional GC. We have 2 children together so we didnt really have to prove relationship... the kids were the proof. So my guess is that they waived the conditional GC and she got her 10 year. 

[geowrian 22,337]

8 minutes ago, villaC said:

I dont know about the 2 year wait. I know that when my wife entered the US after us being married less than a year she was not given a conditional GC. We have 2 children together so we didnt really have to prove relationship... the kids were the proof. So my guess is that they waived the conditional GC and she got her 10 year. 

There is no waiver. Either one is a conditional resident or not and that is entirely based on when they became a permanent resident. No amount of evidence changes this. If you were incorrectly issued a 10 year card, you should get it fixed as you are still responsible for filing for ROC on time. It’s far from the first time they’ve made that mistake. It happens.

[Tishy Wishy 18]

Thanks for the clarification everyone! 

 

We're going to delay the NVC process until after March so that his medical will still be valid for him to enter the US in July. 

[Unlockable 7,314]

3 hours ago, villaC said:

I dont know about the 2 year wait. I know that when my wife entered the US after us being married less than a year she was not given a conditional GC. We have 2 children together so we didnt really have to prove relationship... the kids were the proof. So my guess is that they waived the conditional GC and she got her 10 year. 

Agree 100% with @geowrian about this. Don't assume anything. There are no waivers for that condition. You should be absulutely sure that it was not given in error. And like geowrain mentioned, we have seen this error before (where USCIS incorrectly gave the immigrant a 10-year instead of a 2-year GC). Best to get ahead of it just in case.

 

Also, you having two children does not matter. It is not a requirement needed for immigration to issue a 10-year GC. People have children out of wedlock and would not be given a 10-year GC based on having kids together.

[Downloader 199]

4 hours ago, villaC said:

I dont know about the 2 year wait. I know that when my wife entered the US after us being married less than a year she was not given a conditional GC. We have 2 children together so we didnt really have to prove relationship... the kids were the proof. So my guess is that they waived the conditional GC and she got her 10 year. 

Agree with the advice provided, take care of this error asap. 100% guaranteed it will backfire at you down the road (naturalization, green card renewal, relative petition etc.) If a mistake was made it has to be corrected to comply with the law and regulations regardless of the effect of such action. 

[USS_Voyager 1,972]

4 hours ago, Tishy Wishy said:

Thanks for the clarification everyone! 

 

We're going to delay the NVC process until after March so that his medical will still be valid for him to enter the US in July. 

Yes, you control the NVC timeline by when you submit documents and when you do the medicals.

[villaC 4]

12 minutes ago, Downloader said:

Agree with the advice provided, take care of this error asap. 100% guaranteed it will backfire at you down the road (naturalization, green card renewal, relative petition etc.) If a mistake was made it has to be corrected to comply with the law and regulations regardless of the effect of such action. 

She is in the process of applying for citizenship. I also have another family member before me who was not given a conditional GC. That family member is also now a Citizen. 

 

I appreciate the advice but I think you guys are making much ado about nothing

[arken 4,197]

4 hours ago, Tishy Wishy said:

Thanks for the clarification everyone! 

 

We're going to delay the NVC process until after March so that his medical will still be valid for him to enter the US in July. 

Good decision, additional few months of wait is worthy if you consider the costly and lengthy ROC process.

[arken 4,197]

5 minutes ago, villaC said:

She is in the process of applying for citizenship. I also have another family member before me who was not given a conditional GC. That family member is also now a Citizen. 

 

I appreciate the advice but I think you guys are making much ado about nothing

Was that family member’s 10 year GC issued before 2 year anniversary or after?

[Downloader 199]

13 minutes ago, villaC said:

She is in the process of applying for citizenship. I also have another family member before me who was not given a conditional GC. That family member is also now a Citizen. 

 

I appreciate the advice but I think you guys are making much ado about nothing

Good luck!

[geowrian 22,337]

1 hour ago, villaC said:

She is in the process of applying for citizenship. I also have another family member before me who was not given a conditional GC. That family member is also now a Citizen. 

 

I appreciate the advice but I think you guys are making much ado about nothing

Don't say you weren't warned. Best wishes.

A very small set of people who have had the same thing happen, for reference:

 

 

 

Edited November 11, 2019 by geowrian