2 year conditional green card question

[KV & HO 3]

My husband and I are just shy of 3 months from our 2 year wedding anniversary. If he gets approval of his visa prior to the 2 year anniversary, but we are only 90 days away from the 2 yr anniversary, do we get a 10 year green card, or must it be that you pass the 2nd anniversary to qualify for the 10 year green card. I see 90 day comments for some things and wondered if this was applicable to the conditional green card. Appreciate any advice, thank you

[Verrou 1,962]

7 minutes ago, KV & HO said:

My husband and I are just shy of 3 months from our 2 year wedding anniversary. If he gets approval of his visa prior to the 2 year anniversary, but we are only 90 days away from the 2 yr anniversary, do we get a 10 year green card, or must it be that you pass the 2nd anniversary to qualify for the 10 year green card. I see 90 day comments for some things and wondered if this was applicable to the conditional green card. Appreciate any advice, thank you

90 days is the window for the green card holder to submit ROC from CR-1 to IR-1 

[Crazy Cat 41,850]

9 minutes ago, KV & HO said:

My husband and I are just shy of 3 months from our 2 year wedding anniversary. If he gets approval of his visa prior to the 2 year anniversary, but we are only 90 days away from the 2 yr anniversary, do we get a 10 year green card, or must it be that you pass the 2nd anniversary to qualify for the 10 year green card. I see 90 day comments for some things and wondered if this was applicable to the conditional green card. Appreciate any advice, thank you

If you have been married for 2 years or more at the time your husband enters the US, then he will receive a 10 year Green card.  There is no 90 day consideration.

[igoyougoduke 1,656]

15 minutes ago, KV & HO said:

My husband and I are just shy of 3 months from our 2 year wedding anniversary. If he gets approval of his visa prior to the 2 year anniversary, but we are only 90 days away from the 2 yr anniversary, do we get a 10 year green card, or must it be that you pass the 2nd anniversary to qualify for the 10 year green card. I see 90 day comments for some things and wondered if this was applicable to the conditional green card. Appreciate any advice, thank you

Immigrant Visa is only to enter the country and is not the green card. Once your spouse enters US Land at port of entry , he becomes a permanent resident.  Like others have said if he enters the country on or after 2 year anniversary he should get a 10 year card 

Edited November 30, 2020 by James120383

[KV & HO 3]

Just now, James120383 said:

Immigrant Visa is only to enter the country and is not the green card. Once your spouse enters US Land at port of entry , he becomes a permanent resident. 

Thank you. Then how long until he will receive his green card?

[HRQX 4,145]

29 minutes ago, KV & HO said:

you pass the 2nd anniversary

What ultimately matters is the day he enters the US with Immigrant Visa. So even if embassy makes mistake CBP should correct it. 8 C.F.R. § 235.11(b) is very clear: "Correction of endorsement on immigrant visa. If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible."

 

But sometimes CBP and/or USCIS makes mistake. In that case, he has to file a I-90 and check (D) as the reason for submitting (My existing card has incorrect data because of Department of Homeland Security error). That filing reason is free to file.

13 minutes ago, KV & HO said:

Then how long until he will receive his green card?

After he gets the visa he must pay another fee: https://my.uscis.gov/uscis-immigrant-fee Then refer to the following page: https://egov.uscis.gov/processing-times/expect-green-card

Edited November 30, 2020 by HRQX

[TBoneTX 45,288]

Thread is moved from the Removing Conditions forum to the CR-1 Case Progress subforum.

[igoyougoduke 1,656]

 

1 hour ago, KV & HO said:

Thank you. Then how long until he will receive his green card?

they say 90 days but in reality now i think it can take up to 1 year. The card in your case does not matter. it is just a physical card. Your permanent residency starts the day you touchdown on us Soil. Card is just symbolic 

[aaron2020 11,651]

1 hour ago, KV & HO said:

Thank you. Then how long until he will receive his green card?

The immigration visa upon entering the US becomes a 1 year green card (I-551).

 

After paying the $220 immigrant fee and entering the US, it can take several weeks to several months to get his physical green card.  If he doesn't get it after 120 days, he can contact USCIS.

[HRQX 4,145]

12 minutes ago, James120383 said:

they say 90 days

*120

https://egov.uscis.gov/processing-times/expect-green-card

[Troy B 223]

8 hours ago, aaron2020 said:

The immigration visa upon entering the US becomes a 1 year green card (I-551).

 

After paying the $220 immigrant fee and entering the US, it can take several weeks to several months to get his physical green card.  If he doesn't get it after 120 days, he can contact USCIS.

Actually not the immigration visa,  the stamp that is placed in the passport is the i-551 equivalent valid for 1 year.

[HRQX 4,145]

3 hours ago, Troy B said:

Actually not the immigration visa,  the stamp that is placed in the passport is the i-551 equivalent valid for 1 year.

It's both together. The "Admitted" stamp has to be near the IV: https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs "If the stamp in the passport is endorsed and is near but not on the immigrant visa, it is still a valid endorsement."

[NikLR 13,227]

20 hours ago, James120383 said:

 

they say 90 days but in reality now i think it can take up to 1 year. The card in your case does not matter. it is just a physical card. Your permanent residency starts the day you touchdown on us Soil. Card is just symbolic 

Yes and no.  The status doesn't expire just because the card does but you need to have the card to show legal residency.  Legally an LPR must carry their green card with them at all times.