Conditional Green card OR non-conditional

[sherazikhan 0]

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

[Unlockable 7,306]

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.

[Cyberfx1024 7,978]

You will be given a 10 year green card. 

[sherazikhan 0]

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?

[NikLR 13,220]

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 

[Unlockable 7,306]

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

[Thegirl 224]

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. 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,103]

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.

[payxibka 10,044]

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

[Zangief 3]

34 minutes ago, pushbrk said:

Just a note that it is best to pay the new immigrant fee BEFORE entering the US, but it is not a requirement.

Why?

[pushbrk 12,103]

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.