Conditions Removed

[CDLAdriver 18]

I have read on the internet about this topic, but I still don't have 100% surety. I know you have to be married for 2 years to be given a green card with no conditions. We have been married for almost two years; this coming May will be our 2 year anniversary. Our papers have been sent to the NVC. Is there anything we can do to get a green card with no conditions? It just seems a shame to go through all of this and then have conditions and have to do paperwork at the 2 year mark again. Is my understanding of this correct?

[mushroomspore 3,046]

You'll get the 10-year unconditional GC because the spousal visa takes about 12+ months to adjudicate. They determine which card to give you by the date on which you enter the US with the spousal visa. For you, that'll be roughly next summer or fall or maybe even a little beyond that, by which point your 2-year marriage anniversary will have already passed and will make you eligible for the 10-year GC.

[Dee elle 1,368]

3 minutes ago, CDLAdriver said:

I have read on the internet about this topic, but I still don't have 100% surety. I know you have to be married for 2 years to be given a green card with no conditions. We have been married for almost two years; this coming May will be our 2 year anniversary. Our papers have been sent to the NVC. Is there anything we can do to get a green card with no conditions? It just seems a shame to go through all of this and then have conditions and have to do paperwork at the 2 year mark again. Is my understanding of this 

if the immigrants entry to the US  is after the 2 year anniversary then the GC is unconditional..  entry must happen before the visa and or medical expire.. visa has 6 months validity and the medical usually also 6 months... so if her interview is after November this year then the entry should be able to be after May. You will need to slow down the NVC and interview process or reschedule the interview for a time when you are able to enter after the anniversary in May. 

[CDLAdriver 18]

3 minutes ago, mushroomspore said:

You'll get the 10-year unconditional GC because the spousal visa takes about 12+ months to adjudicate. They determine which card to give you by the date on which you enter the US with the spousal visa. For you, that'll be roughly next summer or fall or maybe even a little beyond that, by which point your 2-year marriage anniversary will have already passed and will make you eligible for the 10-year GC.

Okay. Thanks for the input.

[CDLAdriver 18]

4 minutes ago, Dee elle said:

if the immigrants entry to the US  is after the 2 year anniversary then the GC is unconditional..  entry must happen before the visa and or medical expire.. visa has 6 months validity and the medical usually also 6 months... so if her interview is after November this year then the entry should be able to be after May. You will need to slow down the NVC and interview process or reschedule the interview for a time when you are able to enter after the anniversary in May. 

Makes sense. We just got the notice today that things were sent to NVC and I know that NVC is supposed to take 3-4 months (generally) so...

[pushbrk 13,611]

What you can DO is delay at NVC, and/or delay entry to the US until after the 2-year anniversary, but entry MUST be made before the visa expires.

[NikLR 13,234]

10 hours ago, mushroomspore said:

You'll get the 10-year unconditional GC because the spousal visa takes about 12+ months to adjudicate. They determine which card to give you by the date on which you enter the US with the spousal visa. For you, that'll be roughly next summer or fall or maybe even a little beyond that, by which point your 2-year marriage anniversary will have already passed and will make you eligible for the 10-year GC.

OP is already at the NVC stage.  Unless they purposely  slow down the NVC stage they're not a year away from an interview or Visa.  

 

However the OP can go slow and then enter late as well as long as they enter before Visa expiration.  

[CDLAdriver 18]

On 8/8/2018 at 8:03 AM, pushbrk said:

What you can DO is delay at NVC, and/or delay entry to the US until after the 2-year anniversary, but entry MUST be made before the visa expires.

Is this a wise thing to do considering all the immigration topics going on in recent times?

You answered my question and I appreciate it; it just brings me to another question. 

[pushbrk 13,611]

1 hour ago, CDLAdriver said:

Is this a wise thing to do considering all the immigration topics going on in recent times?

You answered my question and I appreciate it; it just brings me to another question. 

I don't have any reason to believe anything is going to change between now and May with regard to spouse visas.  Make your decision based on your own priorities.  Enter AFTER two years of marriage, OR...enter before.  It will be what it will be.  Before two years, your spouse gets a two-year conditional resident status and you remove conditions.  There is no "workaround".

 

[CDLAdriver 18]

7 minutes ago, pushbrk said:

I don't have any reason to believe anything is going to change between now and May with regard to spouse visas.  Make your decision based on your own priorities.  Enter AFTER two years of marriage, OR...enter before.  It will be what it will be.  Before two years, your spouse gets a two-year conditional resident status and you remove conditions.  There is no "workaround".

 

Okay, thanks. 

[CDLAdriver 18]

2 hours ago, pushbrk said:

I don't have any reason to believe anything is going to change between now and May with regard to spouse visas.  Make your decision based on your own priorities.  Enter AFTER two years of marriage, OR...enter before.  It will be what it will be.  Before two years, your spouse gets a two-year conditional resident status and you remove conditions.  There is no "workaround".

 

Excuse my many questions but I have one more. If someone were to wait to get the 10 year green card, which POE's at USA airports are the best to use? I've heard Miami is hard on immigration. I just read about someone who requested at their POE to change from CR1 to an IR1 and it was denied because the officer didn't want to do it (https://mypathtocitizenship.com/convert-cr1-ir1-visa-married-2-years-poe/ -- it's in the comment section). What can be done if this case ever arised?

[pushbrk 13,611]

10 minutes ago, CDLAdriver said:

Excuse my many questions but I have one more. If someone were to wait to get the 10 year green card, which POE's at USA airports are the best to use? I've heard Miami is hard on immigration. I just read about someone who requested at their POE to change from CR1 to an IR1 and it was denied because the officer didn't want to do it (https://mypathtocitizenship.com/convert-cr1-ir1-visa-married-2-years-poe/ -- it's in the comment section). What can be done if this case ever arised?

Is there a question in there?  If USCIS makes a mistake and issues the wrong card, file an I-90 with no fee and ask them to correct it.  If you've been married two years or more when you enter the US using an immigrant visa, you are entitled to IR1 status even with a CR1 visa.  USCIS knows that and will correct the mistake.  Pointing things out at the border is a good idea but mistakes can be made at any POE.  No need to shop POEs

 

[Ryan H 3,893]

12 minutes ago, CDLAdriver said:

Excuse my many questions but I have one more. If someone were to wait to get the 10 year green card, which POE's at USA airports are the best to use? I've heard Miami is hard on immigration. I just read about someone who requested at their POE to change from CR1 to an IR1 and it was denied because the officer didn't want to do it (https://mypathtocitizenship.com/convert-cr1-ir1-visa-married-2-years-poe/ -- it's in the comment section). What can be done if this case ever arised?

 

Which airport makes no difference.  As for the scenario above, the remedy is to file an I-90 with no fee to have the proper green card issued.

[CDLAdriver 18]

6 minutes ago, pushbrk said:

Is there a question in there?  If USCIS makes a mistake and issues the wrong card, file an I-90 with no fee and ask them to correct it.  If you've been married two years or more when you enter the US using an immigrant visa, you are entitled to IR1 status even with a CR1 visa.  USCIS knows that and will correct the mistake.  Pointing things out at the border is a good idea but mistakes can be made at any POE.  No need to shop POEs

 

Okay gotcha 🙂

[CDLAdriver 18]

6 minutes ago, Ryan H said:

 

Which airport makes no difference.  As for the scenario above, the remedy is to file an I-90 with no fee to have the proper green card issued.

Okay, thanks.