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sherazikhan

Conditional Green card OR non-conditional

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Hello

Guys my wife applied I-130 Two years ago after few days of our marriage, my case was sent back by embassy for revocation, all this procedure took two years to approve my case. my question is that as my marriage is 2 years old on the day of approval, am I still getting CONDITIONAL resident card or Non conditional resident card. Law says if marriage is less than two years old beneficiary will get conditional resident card. Me and my wife is really dont want to get through under same worries. Please guide us in right direction.

Thank you

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14 minutes ago, sherazikhan said:

Hello

Guys my wife applied I-130 Two years ago after few days of our marriage, my case was sent back by embassy for revocation, all this procedure took two years to approve my case. my question is that as my marriage is 2 years old on the day of approval, am I still getting CONDITIONAL resident card or Non conditional resident card. Law says if marriage is less than two years old beneficiary will get conditional resident card. Me and my wife is really dont want to get through under same worries. Please guide us in right direction.

Thank you

For clarification, it is 2 years of marriage from the time you enter the US with the visa, not when you are approved. So if you are married over 2 years of that time, then you will get a (non-conditional) 10 year green card.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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16 hours ago, NuestraUnion said:

For clarification, it is 2 years of marriage from the time you enter the US with the visa, not when you are approved. So if you are married over 2 years of that time, then you will get a (non-conditional) 10 year green card.

I am confused I read on different forums that its on the day of approval so which one is this day of enter in the US or the day of Approval?

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2 hours ago, sherazikhan said:

I am confused I read on different forums that its on the day of approval so which one is this day of enter in the US or the day of Approval?

Day of entry.  The visa is not activated until that time 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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2 hours ago, sherazikhan said:

I am confused I read on different forums that its on the day of approval so which one is this day of enter in the US or the day of Approval?

It is based on the day of entry to the US. One reason for this is because the port of entry officer could deny you entry to the US, which mean you wouldn't become a permanent resident at that time.

 

Just so you understand, a visa grants you entry to the US. It does not make you a permanent resident.

Once you are granted entry to the US by the officer, you will be activated as a permanent resident (hence the $220 immigration fee you have to pay).

 

Don't know the other forums you read, but here is more info in what happens straight from USCIS' site...

 

Entering the United States: Port-of-Entry

 

A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the U.S. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Travelers should review important information about admissions and entry requirements on the CBP website under Travel. Once you have been admitted to the U.S. as a permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as a green card)will be mailed to you.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#17


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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The difference between date approved and date you enter the US is irrelevant to you right now. Yes if you get approved after you've been married for 2 years your card is non conditional. Yes if you enter after married 2 years your card is non conditional. 


Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:
August 17, 2016: Visa Approved!!!! :dancing:

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Just a note that it is best to pay the new immigrant fee BEFORE entering the US, but it is not a requirement.  Whether resident status is conditional or not depends on the entry date, not any approval date, or visa issue date.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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On 12/5/2018 at 2:28 AM, sherazikhan said:

I am confused I read on different forums that its on the day of approval so which one is this day of enter in the US or the day of Approval?

If less than two years at time of approval will result in a CR1 visa instead of an IR1.  More than two years at entry, regardless of cr or ir visa, will be a 10 year card


YMMV

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10 minutes ago, Zangief said:

Why?

Because it leave only one "trigger" to produce  the green card instead of two.  Entry is the only trigger if you pay first.  If you enter first, then USCIS has to pick up one two pieces of trigger data happening at different times.  Keep it SIMPLE.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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