Filing before or after two year wedding date

[freshka 0]

Hi we will be celebrating our two years in june 2016 and we plan to return to the states next year. Is it better to wait after our two years to start the process or would there be no benefit? I understand I will have to file an AOS after two years of marriage when we arrive in the US, correct me if I'm wrong, so we wanted to minimize any further wait. Do they consider the date we start the process or the final date that everything has been filed? If the latter, would they just consider the app as if we were already married two years if it passes over June? Sorry if this is confusing because its confusing for me too.

[Alaska2012 462]

No need to wait! You might as well start now because it's not done in a heartbeat! You will apply for the CR1 and if you are lucky enough to get approved and the visa in hand before June and enter before your second anniversary you will get the 2 year green card. But that's hoping for a lot. Most likely you will get it all done after your anniversary and you will get the 10 year card.

[freshka 0]

Ok what are the benefits of having the 2 year and 10 year card?

[JusticeWarrior67 3]

why wait? the process itself is pretty long so the sooner you do it, the better. if you guys get married and wait 2 years to submit the forms, you'll end up getting the regular green-card that lasts 10 years and won't have to remove conditions afterwards

but i wouldn't wait if i were you, start it now

[Ryan H 3,925]

Hi we will be celebrating our two years in june 2016 and we plan to return to the states next year. Is it better to wait after our two years to start the process or would there be no benefit? I understand I will have to file an AOS after two years of marriage when we arrive in the US, correct me if I'm wrong, so we wanted to minimize any further wait. Do they consider the date we start the process or the final date that everything has been filed? If the latter, would they just consider the app as if we were already married two years if it passes over June? Sorry if this is confusing because its confusing for me too.

You wouldn't file for AOS, if the foreign spouse were to enter the US on a spousal visa prior to having been married to the petitioner for 2 years, then it would be necessary to file to remove conditions on residency within 90 days before the printed expiration date on the green card.

If the foreign spouse enters the US after having been married to the petitioner 2+ years, then the issued green card will be valid for 10 years and there will be no need to remove conditions.

You don't have to wait for the second anniversary to file, file when ready (and you will be filing a petition, not an application).