2 yrs or 10 yrs green card

[California2020 1]

Hello guys

so i had a conditional green card through my first marriage but our marriage ended and my i751 got denied because there was no enough evidences then my case turned to immigration court for removal processing. We asked the judge for adjustment of status through my second marriage then our i130 got approved and we are waiting for i485. We are married over 2 yrs now so my question is if AOS got approved are we gonna get 2 or 10 yrs green card ? I know that if the marriage over 2yrs when we do the AOS interview we get the 10yrs green card but my lawyer says no you will get the 2 yrs green card and they count it from the day of marriage to the day we submitted the i130 ! 
did he say that because we have special case or something? Or he is wrong? Has anyone been through that situation before?

thank you in advance 

[payxibka 10,047]

39 minutes ago, California2020 said:

Hello guys

so i had a conditional green card through my first marriage but our marriage ended and my i751 got denied because there was no enough evidences then my case turned to immigration court for removal processing. We asked the judge for adjustment of status through my second marriage then our i130 got approved and we are waiting for i485. We are married over 2 yrs now so my question is if AOS got approved are we gonna get 2 or 10 yrs green card ? I know that if the marriage over 2yrs when we do the AOS interview we get the 10yrs green card but my lawyer says no you will get the 2 yrs green card and they count it from the day of marriage to the day we submitted the i130 ! 
did he say that because we have special case or something? Or he is wrong? Has anyone been through that situation before?

thank you in advance 

It is based on the age of your marriage when resident status is granted 

[California2020 1]

Just now, payxibka said:

It is based on the age of your marriage when resident status is granted 

So from the day of marriage to the day they approve the AOS not the day of submitting the i130 right ?

[payxibka 10,047]

Just now, California2020 said:

So from the day of marriage to the day they approve the AOS not the day of submitting the i130 right ?

Interprey literally.   Based on the age of your marriage upon approval. 

[aaron2020 11,651]

2 minutes ago, California2020 said:

So from the day of marriage to the day they approve the AOS not the day of submitting the i130 right ?

Yes.  If a green card is granted after your 2nd wedding anniversary, then you get a 10 years green card.  The day you submit the I-130 has nothing to do with getting a 2 years conditional green card or a 10 years green card.  Your attorney is horrible.  This is basic immigration.  

[California2020 1]

11 minutes ago, aaron2020 said:

Yes.  If a green card is granted after your 2nd wedding anniversary, then you get a 10 years green card.  The day you submit the I-130 has nothing to do with getting a 2 years conditional green card or a 10 years green card.  Your attorney is horrible.  This is basic immigration.  

Thank you

11 minutes ago, aaron2020 said:

Yes.  If a green card is granted after your 2nd wedding anniversary, then you get a 10 years green card.  The day you submit the I-130 has nothing to do with getting a 2 years conditional green card or a 10 years green card.  Your attorney is horrible.  This is basic immigration.  

Thank you

13 minutes ago, payxibka said:

Interprey literally.   Based on the age of your marriage upon approval. 

Than you

[HRQX 4,145]

1 hour ago, California2020 said:

but my lawyer says no you will get the 2 yrs green card and they count it from the day of marriage to the day we submitted the i130 !

The lawyer is wrong. The date that matters is when I-485 is approved: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

Effective Date of Permanent Residence

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

[California2020 1]

20 minutes ago, HRQX said:

The lawyer is wrong. The date that matters is when I-485 is approved: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

Effective Date of Permanent Residence

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

Thank you