Help - Search - Members - Calendar
Full Version: green card validity
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

YOUTOO
Heaven forbid one day my journey is over and we get our ( her ) visa.
Do I understand this correctly? We will be married longer than one
year but less than two; ergo she will get a conditional two year GC.
After the two years ( wedding or green card anniversary? ) she has
to file to remove conditions and then hopefully would get a 10 year
GC? If everything goes wrong and we would have to wait another
year, then be married more than two years, a 10 year green card
would await her?
Kathryn41
Basically, yes.

If your green card application (AOS or CR-I) is approved and you have been married for less than two years, the green card will be a conditional green card valid for 2 years. Starting 90 days before the expiry date on the green card you file an I-751 application to remove the conditions. The condition is that the card is valid for 2 years and that by the end of the 2 year time period you need to provide evidence that your marriage is a valid relationship and not in place for immigration purposes. The two years 'start' from the date of the green card, not the date of the marriage.

If you have been married for more than two year when the green card is approved, the green card will be 'unconditional' and valid for 10 years and there will be no need to file to remove conditions.
YuAndDan
You are confusing two things, Marriage time before getting the card and length of conditional green-card.

If you are married 2 years BEFORE getting a green-card either by getting an immigrant visa or adjusting status you will get a 10 year UN-Conditional card.

If you were married for less than 2 years before getting a green-card either by getting an immigrant visa or adjusting status then you will get a TWO YEAR conditional green-card.

You file to remove conditions within 90 days of the CR-Green-card's expiration, NOT 2nd wedding anniversary, a couple could be close to 4 years married when a CR-Green card expires and lifting conditions. (Getting the CR-Green card very shortly BEFORE 2nd wedding anniversary, and then having to wait another 2 years to remove the conditions).

One recommendation if you are very close to 2nd wedding anniversary when entering the USA on a CR-1 visa or K-3 visa, is to delay entering the USA on the CR-1 until after 2nd wedding anniversary, this will cause a 10 year card to be issued, and if entry is bu K-3 visa to wait and file AOS very close to 2nd wedding anniversary, if AOS is approved AFTER the anniversary, this too results in 10 year card.
ga1jin
QUOTE(YOUTOO @ Mar 22 2008, 10:35 AM) *
Heaven forbid one day my journey is over and we get our ( her ) visa.
Do I understand this correctly? We will be married longer than one
year but less than two; ergo she will get a conditional two year GC.
After the two years ( wedding or green card anniversary? ) she has
to file to remove conditions and then hopefully would get a 10 year
GC? If everything goes wrong and we would have to wait another
year, then be married more than two years, a 10 year green card
would await her?

The absurdity of that occurred to me as well. But think about this one: If someone enters the U.S. on a tourist visa and decides on a whim to marry someone, they can do so and apply for AOS and legally stay in the U.S. and be with their spouse. But everyone who takes their time and is deliberate about their decision to marry has to wait for months to be with the one they love. This process doesn't always make a lot of sense. Being a VSC filer, though, I guess I can't complain too much. Most people have been waiting a lot longer than I.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.