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johnholmessc

Conditional vs. Permanent Residency

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Filed: Country: Afghanistan
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My apologies if the topic/description are a little confusing, and further apologies if this question has already been discussed but I cannot seem to find it within the forum.

I am a US Citizen, and have been married to my wife (Italian) since September 2007. We are in the final stages of getting her visa to immigrate to the US (just waiting for the interview), and expect to have that visa soon. However, I was thinking to wait to move back to the US until after September 2009 in order to be married for more than two years and hence she would receive a permanent residency green card without conditions.

I just wanted to make sure that she becomes a "permanent resident" when she enters the United States and not when the visa is issued? In other words, even if the visa is issued before we have been married for two years, the important concern is that she enters the US after being married for two years, correct? Ultimately I would like to avoid having to deal with the whole removal of conditions thing and to keep the matter as simple as possible.

I thank you for your responses in advance.

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It's my understanding that it's the date that she arrives in the US that matters. Green card production will be ordered when she comes through the POE. We're trying to avoid removal of conditions too. We've all had it with dealing with the paperwork and the USCIS.

Thai Mom

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Your understanding is correct.

However, the USCIS mailed a conditional GC to many Japan filers who entered to the US after their 2nd anniversary with an immigrant visa that was approved before the 2nd anniversary.

I don't know why it often happens, but it does.

Immigration Process (DCF Japan)

08/06/2008 I-130 petition at Tokyo, Japan

08/13/2008 I-130 approved

|

| Waited until we were ready to move back

|

07/13/2009 IV interview at Tokyo, Japan

07/15/2009 IV(IR-1) in hand

Post-DCF

07/29/2009 POE at Las Vegas

08/17/2009 GC(10yrs) received

Click here for the detailed timeline.

Done with USCIS until

- naturalization in May 2012 or

- GC replacement in February 2019

CXmLm7.png

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