Question about the I-751

[C and M 6]

Hello,

Sorry if this not the right spot to ask about this, so please move it to the appropriate forum if so.

My wife and I have been married for a year now, and there is a strong chance that later this year, I will move back to the States for a new job. I have read the info about the I-751 regarding a marriage that is less than two years old. My question is... When we start the paperwork for the green card, can we apply at a time knowing that, upon getting the green card, it would be procured after the two year mark? Or does it work retroactively, with the green card issued on the date that the application was sent?

I'm sorry if the question seems confusing. If need be, I can post again to try to make it simpler.

Thank you very much!

[Lainie B 465]

No, the I-751 is submitted after 2 years of being a conditional green card holder, not two years of being married.

However, even if you submit the I-130 now it will take about a year until your wife gets the visa. So there is a good chance you will have been married for over two years when your wife enters the US. If that is the case, your wife will receive the 10-year green card, not the 2-year green card, and she will not have to go through removal of conditions (the I-751) at all.

[dwheels76 5,486]

Hello,

Sorry if this not the right spot to ask about this, so please move it to the appropriate forum if so.

My wife and I have been married for a year now, and there is a strong chance that later this year, I will move back to the States for a new job. I have read the info about the I-751 regarding a marriage that is less than two years old. My question is... When we start the paperwork for the green card, can we apply at a time knowing that, upon getting the green card, it would be procured after the two year mark? Or does it work retroactively, with the green card issued on the date that the application was sent?

I'm sorry if the question seems confusing. If need be, I can post again to try to make it simpler.

Thank you very much!

I'm confused the I-751 is removal of conditions. This is for married coupes who already have a 2 year green card to remove the Conditions and they get the 10 year Green card upon approval.

You say you will be moving to the states? Are you the Petitioner? If you move and want your wife to immigrate (I assume she is the immigrant) you will fill out a I-130 not a I-751. It takes about 1 year from petition filling to interview for her to get to US. Depending on what country she will have her interview.

If at the time of entry in US you are past your 2 year wedding anniversary you will get a 10 year green card. If she arrives before 2 year anniversary she will get a 2 year conditional green card. And 90 days before her 2 year expiry of green card (not wedding anniversary) you can file the I-751