2 or 10 years green card ?

[Orangesapples 1,954]

25 minutes ago, C.ezz said:

yea .. I'm assuming that I'm going to delay my traveling few days so i get 10 years Green card instead of 2 years

I'm planning to fly on Feb. 27 

 

Good, just make sure that you don't pay for tickets until you have your visa in hand. Anything can happen. 

[millefleur 5,046]

**Moved from  What Visa Do I Need - Family Based Immigration to IR-1 / CR-1 Spouse Visa Process & Procedures**

[Dashinka 24,493]

3 hours ago, Muhammad Ismail said:

I believe it should be two full years of marriage but it still depends on the officer’s decision.

May I ask how could you schedule the interview?? 

The officer at the border does not have discretion in this.  The rule is 2 years of legal marriage upon entrance to the US.

[Orangesapples 1,954]

6 minutes ago, Dashinka said:

The officer at the border does not have discretion in this.  The rule is 2 years of legal marriage upon entrance to the US.

True, this is not a subjective rule, it's very objective. Very clear, cut and dry. 

[Dashinka 24,493]

Just now, Orangesapples said:

True, this is not a subjective rule, it's very objective. Very clear, cut and dry. 

I think the person was referring to the CO when the visa is issued, but that is really irrelevant to the OPs question.

[HRQX 4,145]

7 hours ago, C.ezz said:

he will fly 1 day after  our 2-year anniversary.

so .. will uscis send us 10 or 2 years green card ?

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."

 

Sometimes USCIS still issues the wrong card. In that case, you'll have to file Form 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.

[Madufor Uzoma A 10]

12 hours ago, C.ezz said:

My husband and I are just 1 week  from our 2 year wedding anniversary. If he gets approval of his visa tomorrow in his interview  ,  will he get a 10 or two years green card ?

just wait after the visa if you stay a day after your two years anniversary you will automatic be given 10 years my case is a testimony i got married 15th February 2018 i entered 16th February 2020 my green card was 10 years good luck   

[SusieQQQ 11,586]

6 hours ago, Dashinka said:

I think the person was referring to the CO when the visa is issued, but that is really irrelevant to the OPs question.

Also not subjective. Whether it is a CR or IR visa also depends on the exact time.

[C.ezz 13]

Thank you guys for ur support 

 I got approved 👏👏

my weeding was on feb 26 2019 so I will fly to jfk on 27 feb to get 10 years GC

Edited January 20, 2021 by C.ezz

[Orangesapples 1,954]

4 hours ago, C.ezz said:

Thank you guys for ur support 

 I got approved 👏👏

my weeding was on feb 26 2019 so I will fly to jfk on 27 feb to get 10 years GC

Congrats! Make sure to remind the officer of that! 

[Ryan H 3,812]

~~~Hijack post and replies to said post removed; if you have your own question, you need to start your own thread.~~~

[Badr1232019 0]

Many Congratulations!!

[C.ezz 13]

7 hours ago, Badr1232019 said:

Many Congratulations!!

Thank you so much