LPR after married for 2 years.

[Addie_Goodvibes 0]

What are the chances that when My wife goes in for her AOS interview that they will grant her LPR

without her having to wait 2 years, I have heard that if AOS applicant has been married to sponsor for 2 years or more they will grant LPR,

Our Two year anniversary is this OCT, 2 weeks After our interview, so Coul dit be possible for them to Grant her LPR ?

We also Have achild together.

[lucyrich 20]

They are strict about drawing an exact line and following it to the letter. If she gets LPR status even one day before the two year anniversary of your marriage, then that LPR status will be conditional, the Green Card will expire two years after status is granted, and conditions will have to be removed by filing an I-751 during the 90 day period before the Green Card expires.

If she gets LPR status one day after your two year anniversary, that status will be unconditional and there will be no need to remove conditions.

Having a child together is irrelevant to whether they grant conditional or unconditional LPR status, but it should make removal of conditions easier if and when the time comes.

If there's a way to delay them granting her status for a few weeks, that might be worth trying to do.

[sparkofcreation 0]

Yeah, even if they grant you the LPR you're supposed to file the I-751 one year and nine months later anyway. There've been cases of people getting deportation proceedings started against them for not doing so. There have also been cases of people filing the I-751 in this way and having it (and the fee) returned with a letter saying it wasn't necessary. I'd rather file it just in case than risk deportation, personally.

[BeverleyFL 0]

SparkofCreation - where did you hear this? I have searched every page on the USCIS website relating to the I751 - nowhere does it state that if you are give LPR you have to file the I751 - not even a recommendation.

[lucyrich 20]

I've heard of instances where a couple is married less than two years at the time of attaining LPR status, a clerical error is made, and the alien is granted a Green Card that says it's a 10 year unconditional Green Card. In such a case, it's probably wise to file an I-751, because if the USCIS makes a clerical error, the immigrant is always the one to suffer. If the marriage was less than two years old, the law says you received conditional status and the law says that status expires in two years unless an I-751 is filed. The fact that they misled you by giving you the wrong kind of Green Card doesn't matter.

There's also some ambiguous language in the law regarding K-1 (and ONLY K-1) adjustment of status. One part of the law implies that if AoS is completed after the two year wedding anniversary, the LPR status should be unconditional. But another paragraph of the law says that ALL K-1 adjustment of status aliens receive conditional LPR status, regardless of the age of the marriage at the time AoS is complete. Given the ambiguity, it probably doesn't hurt to file an I-751 even if they gave you what looks like a ten year Green Card.

They can't start removal proceedings for filing an I-751 when none is needed, but they can do so for NOT filing an I-751 when one was needed, even if they didn't make it clear that one was going to be needed.

But if an alien gets LPR status via a K-3 adjustment or an IR-1 visa, and if the couple has clearly been married more than two years at the time LPR status is granted, that alien clearly shouldn't have to file an I-751. I don't see any benefit in filing one "just in case", but if someone wants to, who am I to tell them not to? If the USCIS makes a clerical error and starts removal proceedings, it should be simple to point out the facts of the case at the removal hearing and show that the removal proceedings are in error, and that the status was always and should always have been unconditional.