Hello! My British husband moved to America with me on the 4th of October, about 3 weeks before our two year anniversary. We did DCF in London. We understand that we'll need to apply to remove conditions a few months before he's lived in America for 2 years. HOWEVER, the passport control officer told my husband that he can apply to remove conditions immediately after our two year wedding anniversary. Have the rules changed? Or is this guy just uninformed? I was told that the application to remove conditions wouldn't even be looked at if it was sent too soon before the 2 year residency in America date.

Sincerely confused, Natalie

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Background
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

You apply to remove conditions within 90 days before the expiration of a 2 year conditional green.card.

You say you moved too the USA 3 weeks before 2nd anniversary? That was 3 weeks too soon, if you had waited until after your 2nd wedding anniversary and then entered the USA then, the green-card would have been coded as a 10 year unconditional one with NO conditions to remove.

Haha. As stated in a reply to a similar post... sometimes things just are not that cut and dry! I had two weddings to go to in Milwaukee at the start of October. Unfortunately, because my husband and I wanted to be present at the the weddings, we couldn't wait until after our 2 year wedding anniversary. I knew the terms of arriving in America before our 2 year wedding anniversary. I don't mind paying a little extra money because it allowed me to see my friends get married. What I'm more concerned about is that the officer at the airport is giving wrong information out to people.

$545 is a little extra money? Say, you wouldn't mind sending me a little extra money, would you? I saw these $500 pair of Bruno Magli dress shoes at Neiman's the other day and I just have to have them!

You can't put a price on friendship. At least I can't anyway!!

Hello YuAndDan, reading this forum, I found this information that has my heart pumping hard, this is why, please correct me if I'm wrong.
I got married on Feb 05/05, when I was still a Resident, I just became a US citizen this year and filed a K-3 Visa for my husband who is in Colombia, our case was aproved on Oct 31/07 and we're waiting for the NVC to send the case to our Embassy, according to what you posted, my husband won't be getting a visa in his appointment, what will be getting then? any information you can provide will be very much apreciated.

Thanks

Since you applied for a K3 Visa, that's exactly what your husband will be getting. He will have to apply for AOS when he gets to the USA. However, since you've been married for more than 2 years, he will get a 10-year green card once his AOS is approved.

Edited to add......

YuAndDan was talking about someone who applied for a CR1/IR1 visa.

Were both petitions approved already? If so, they will go to the NVC and your husband will more than likely be getting a K3 visa. Then as other people have said, he needs to apply for AOS and once that is approved he'll get a 10 year green card instead of 2 years.

Diana

First of all, Thank you guys for your information, and to answer Diana's question, yes, both I-130 and I-129 were approved the same day.

I really appreciate it. *-*