Conditional green card or not?

[nbanik1987 0]

I married my wife (US citizen) on Aug 27 2013. My wife filed for I 130 on June 17 2014. The online case status says the case was approved on Nov 26 2014 (still waiting for NOA 2 in mail). Right now I am preparing my I485/I693 and my wife is preparing her I864. My question is, will I get IR-1 instead of CR-1 if we delay filing I485 (say we file in May - June 2015), since the date of issuance of the green card will most likely be past our 2nd anniversary? Or, will I still get a conditional green card, since we initiated the process before our 2nd Anniversary?

The reason behind asking this is, I will be graduating in Summer 2016 with my PhD, so I won't be applying for employment or any such benefits before then. Also this will prevent us from the hassle of removing the conditions, whose filing will cost us another $600. Had filing for green card not been this expensive ( almost $2080 + medical check up and immunization), we wouldn't be worrying about such silly things.

Thanks

Edited December 1, 2014 by nbanik1987

[NancyNguyen 1,657]

Are you here in the USA? Then it is AOS subforum, not IR1/CR1.

Edited December 1, 2014 by NancyNguyen

[Stressed Out 81]

From one of the guides on here:

The deciding factor on which visa an applicant is issued (IR1 versus CR1 visa) is the amount of time that they have been married at the time the visa is issued.

[Penguin_ie 5,986]

**** Moving from CR-1 spousal visa forum (as visas are used to enter countries, and Op is already in the USA) to AOS from Student Visa forum ******

[Hypnos 6,576]

You can still receive an unconditional green card even on a CR-1 visa, provided you had been married for at least two years on the day you entered the US.

OP: it isn't clear what you are doing, since you make mention of visas but then also talk about an I-485, which would be for filing for adjustment of status.

Edited December 1, 2014 by Hypnos

[kzielu 1,147]

I married my wife (US citizen) on Aug 27 2013. My wife filed for I 130 on June 17 2014. The online case status says the case was approved on Nov 26 2014 (still waiting for NOA 2 in mail). Right now I am preparing my I485/I693 and my wife is preparing her I864. My question is, will I get IR-1 instead of CR-1 if we delay filing I485 (say we file in May - June 2015), since the date of issuance of the green card will most likely be past our 2nd anniversary? Or, will I still get a conditional green card, since we initiated the process before our 2nd Anniversary?

The reason behind asking this is, I will be graduating in Summer 2016 with my PhD, so I won't be applying for employment or any such benefits before then. Also this will prevent us from the hassle of removing the conditions, whose filing will cost us another $600. Had filing for green card not been this expensive ( almost $2080 + medical check up and immunization), we wouldn't be worrying about such silly things.

Thanks

Are you in status and are trying to adjust based on marriage ? Then you can easily delay and yes, if your card is issued past 2 years aniversary, it should be unconditional one.

If you're out of status, delaying filing to save $600 wouldn't be very smart.

[nbanik1987 0]

I am sorry for being vague. I came to the US in 2010 on F1 visa to pursue graduate studies, met my wife in 2012, got married to her in the US while attending school, in Aug 2013. I am still maintaining an F-1 status, and my I-94 says it is good until D/S (duration of stay). My I-20 was renewed recently which gave me until Summer 2016 to graduate. I am trying to adjust my status based on marriage.

Whether I file for a green card or not, I will still be in school full time, so will be maintaining my F-1 status.

[nbanik1987 0]

**** Moving from CR-1 spousal visa forum (as visas are used to enter countries, and Op is already in the USA) to AOS from Student Visa forum ******

I think this post will better suit the AOS based on marriage, sorry for all the confusion.

[Penguin_ie 5,986]

I think this post will better suit the AOS based on marriage, sorry for all the confusion.

Yep, this is the AOS from Student visa based on marriage forum