Marriage over 2 years, will be granted 10-year green card?

[Ywong 9]

Hi everyone,

 

I have a question - I am on status adjustment status, if I don’t get interview notice when the time of my marriage over 2 years, will I be granted 10-year green card instead of 2-year condition green card? 

We get married on December 2018 and filed status adjustment at January 2019, till December our marriage will head 2 years but I still don’t have any information about interview yet.

Thank you!

[Ywong 9]

So do you mean if holding K1 come to US married and living together, even after 2 years of marriage then I still need to get an interview and only will be granted 2 years conditional green card?

[aaron2020 11,651]

If you have been married for more than 2 years when your adjustment of status is adjudicated, you will be issued a 10 years green card.

The other poster is wrong.  

Trust the USCIS website.

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

 

Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident. We give you conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident.

Edited October 10, 2020 by aaron2020

[payxibka 10,045]

26 minutes ago, Luckycuds said:

No the two year rule only applies to those married and living outside of the US prior to immigration. You need to adjust status from a k1 to receive your initial conditional greencard. Once you have the conditional greencard you must file for removal of conditions to receive your unconditional greencard aka 10 year greencard.

Not.  Two year rule applies for AOS  applications as well 

21 minutes ago, Ywong said:

So do you mean if holding K1 come to US married and living together, even after 2 years of marriage then I still need to get an interview and only will be granted 2 years conditional green card?

No.  If you qualify for a 10 yr card you will get one

[JFH 12,190]

*~*~*moved from “K-1 process and procedures” to “AOS from K visas”. OP is no longer in the K-1 process.*~*~*

[HRQX 4,145]

7 hours ago, Luckycuds said:

No the two year rule only applies to those married and living outside of the US prior to immigration.

The critical date for determining whether the residence is conditional (or not) is the date of actual grant of residence -- through admission to the US with an immigrant visa or by adjustment to LPR status.

[Lucky2Lucky 2,526]

36 minutes ago, HRQX said:

The critical date for determining whether the residence is conditional (or not) is the date of actual grant of residence -- through admission to the US with an immigrant visa or by adjustment to LPR status.

Thank you- I did not realize you could adjust status and if after 2 years not be administered a conditional green card - I asked for my post to be deleted.

Edited October 10, 2020 by Luckycuds

[Ywong 9]

I married on December 2018 and we filed AOS at January 2019 and now still not get an interview yet.  So if I do not receive anything until December 2020(2 years of marriage), when the time my AOS is adjudicated after that, I will be granted 10-year green card and it is not conditional correct? I wasn’t able to find such information, thanks for advice:) 

[Duke & Marie 1,389]

19 minutes ago, Ywong said:

I married on December 2018 and we filed AOS at January 2019 and now still not get an interview yet.  So if I do not receive anything until December 2020(2 years of marriage), when the time my AOS is adjudicated after that, I will be granted 10-year green card and it is not conditional correct? I wasn’t able to find such information, thanks for advice:) 

Correct.. if married 2 years when the card is issued you’ll get a 10 year gc 

[HRQX 4,145]

21 minutes ago, Ywong said:

So if I do not receive anything until December 2020(2 years of marriage), when the time my AOS is adjudicated after that, I will be granted 10-year green card and it is not conditional correct? I wasn’t able to find such information, thanks for advice:) 

Correct. They should give you 10-year GC in that case. If the wrong card is issued, you will have to submit an I-90 to correct it. Reason (D) is free to file; "My existing card has incorrect data because of Department of Homeland Security error"

Edited October 10, 2020 by HRQX

[Ywong 9]

41 minutes ago, HRQX said:

Correct. They should give you 10-year GC in that case. If the wrong card is issued, you will have to submit an I-90 to correct it. Reason (D) is free to file; "My existing card has incorrect data because of Department of Homeland Security error"

Thank you so much guys! Do you have the chance to give a link from USCIS? I seemed not able to find it. Also if it is the case, do I still need an interview, and/or what documents should be submitted? The reason I asked because my husband(the sponsor) is unemployment before Covid and is receiving unemployment benefits, I worry about his financial support status. But I have a job, not sure if this helps?

[HRQX 4,145]

31 minutes ago, Ywong said:

Thank you so much guys! Do you have the chance to give a link from USCIS? I seemed not able to find it.

"Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident." https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

32 minutes ago, Ywong said:

Also if it is the case, do I still need an interview, and/or what documents should be submitted?

I-485 interview is likely to occur.

33 minutes ago, Ywong said:

But I have a job, not sure if this helps?

You can also fill out your own I-864A per that form's instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr-pc.pdf "How Can the Intending Immigrant Be Considered a Household Member?"

Your spouse would still fill out I-864.

[Demise 1,289]

Okay, so I went digging in the policy because I wasn't really sure how it's handled for AOS from K-1 visas, and it's the same as other marriage based AOS, i.e. you're married for less than 2 years as of the date your I-485 is  approved you get a conditional green card, you're married for more than 2 years you get a 10 year green card.

 

If you want the source it's the USCIS Policy Manual, Chapter 7, Section F, which references:

INA 245(d)

INA 216

Matter of Sesay (BIA, 2011)

[Nitas_man 3,100]

7 hours ago, Ywong said:

I married on December 2018 and we filed AOS at January 2019 and now still not get an interview yet.  So if I do not receive anything until December 2020(2 years of marriage), when the time my AOS is adjudicated after that, I will be granted 10-year green card and it is not conditional correct? I wasn’t able to find such information, thanks for advice:) 

This is a common question.  You do not have to be a “resident” for two years.  If your marriage date is two years or more before you are officially designated LPR status your green card will be a 10-year green card.  This includes CR1 visaholders who enter the US after their 2-year marriage anniversary date.

Edited October 11, 2020 by Nitas_man

[Ywong 9]

7 hours ago, HRQX said:

"Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident." https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

I-485 interview is likely to occur.

You can also fill out your own I-864A per that form's instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr-pc.pdf "How Can the Intending Immigrant Be Considered a Household Member?"

Your spouse would still fill out I-864.

Thank you so much!

The first link doesn’t seem like giving the information about the situation for marriage over 2 years, I wonder if there is a link give direct information? Appreciate!

 

Does I-484 interview will likely requires for both my husband and I?

 

Thanks for the link of I-864, it’s really helpful!