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Yasemin & Rıdvan

From conditional GC to unconditional GC

By Yasemin & Rıdvan in US Immigration News and Discussion

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Yasemin & Rıdvan Apprentice

Yasemin & Rıdvan   46

Posted
Filed: K-1 Visa Country: Turkey
 Timeline
Posted

Hi all,

My husband came to the States in August 2018 through K1 fiance visa. Then We got married in October 2018 and he received his conditional GC in September 2019, which will expire in September 2021. My question is when can he apply for unconditional 10 year GC? Since our marriage is two years already can he apply now?

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Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted (edited)

He can apply 90 days before the conditional greencard expires. 
 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

Edited by Luckycuds

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Yasemin & Rıdvan Apprentice

Yasemin & Rıdvan   46

Posted
Filed: K-1 Visa Country: Turkey
 Timeline
  • Author
Posted
11 minutes ago, Luckycuds said:

He can apply 90 days before the conditional greencard expires. 
 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

It says:

we are married after two years. Does it mean we can apply now?

Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called “filing jointly”) if:

  • You are still married to the same U.S. citizen or lawful permanent resident after two years;* or
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Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted
26 minutes ago, Yasemin & Rıdvan said:

It says:

we are married after two years. Does it mean we can apply now?

Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called “filing jointly”) if:

  • You are still married to the same U.S. citizen or lawful permanent resident after two years;* or

No. It’s two years of being a green card holder.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted
1 hour ago, Yasemin & Rıdvan said:

Hi all,

My husband came to the States in August 2018 through K1 fiance visa. Then We got married in October 2018 and he received his conditional GC in September 2019, which will expire in September 2021. My question is when can he apply for unconditional 10 year GC? Since our marriage is two years already can he apply now?

No, he can not apply now for his unconditional 10 years green card even though he has been married to you for over 2 years already.  He has to wait until 90 days before his 2 years green card is set to expire before he can file for his 10 years green card.  So September X, 2021, on his green card minus 90 days.  Be careful and use the USCIS calculator since 90 days does not equal 3 months.  3 months can be 91, 92, or 93 days. 

If he applies early, even by 1 day, the ROC will be denied and he will lose the fee.  

 

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