Marriage over 2 years, will be granted 10-year green card?

[payxibka 10,044]

15 minutes ago, Ywong said:

Thank you so much!

The first link doesn’t seem like giving the information about the situation for marriage over 2 years, I wonder if there is a link give direct information? Appreciate!

 

Does I-484 interview will likely requires for both my husband and I?

 

Thanks for the link of I-864, it’s really helpful!

I485 is normally a joint interview 

[HRQX 4,145]

1 hour ago, Ywong said:

The first link doesn’t seem like giving the information about the situation for marriage over 2 years, I wonder if there is a link give direct information? Appreciate!

"Furthermore, if the nonimmigrant has not been married for two years or more at the time of adjustment, the nonimmigrant fiancé(e) and any children of the fiancé(e) may only obtain permanent residence on a conditional basis." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7 Thus, if you've been married for 2 years when I-485 is approved you'll obtain permanent residence without conditions.

[Ryan H 3,791]

***Hijack posts and replies to said posts removed; if you have your own question, you need to start your own thread.***

[Ywong 9]

Thank you so much!

[Ywong 9]

14 hours ago, HRQX said:

"Furthermore, if the nonimmigrant has not been married for two years or more at the time of adjustment, the nonimmigrant fiancé(e) and any children of the fiancé(e) may only obtain permanent residence on a conditional basis." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7 Thus, if you've been married for 2 years when I-485 is approved you'll obtain permanent residence without conditions.

 

23 hours ago, Demise said:

Okay, so I went digging in the policy because I wasn't really sure how it's handled for AOS from K-1 visas, and it's the same as other marriage based AOS, i.e. you're married for less than 2 years as of the date your I-485 is  approved you get a conditional green card, you're married for more than 2 years you get a 10 year green card.

 

If you want the source it's the USCIS Policy Manual, Chapter 7, Section F, which references:

INA 245(d)

INA 216

Matter of Sesay (BIA, 2011)

Thank you so much guys! Although still I don’t see the direct info about marriage over years, but I trust you and pray for my luck:) 

[Ywong 9]

On 10/10/2020 at 11:43 AM, HRQX said:

"Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident." https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage

I-485 interview is likely to occur.

You can also fill out your own I-864A per that form's instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr-pc.pdf "How Can the Intending Immigrant Be Considered a Household Member?"

Your spouse would still fill out I-864.

Is it a minimum income required without needed a co-sponsor? 

[Just Paul 4,591]

1 hour ago, Ywong said:

Is it a minimum income required without needed a co-sponsor? 

For the petitioner, technically no for the USCIS.

 

But the Department of State issues the VISAs and will take the "totality of the circumstances" into consideration.  You will want to have as much of an income, and health insurance, as possible

[Ywong 9]

5 hours ago, Paul & Mary said:

For the petitioner, technically no for the USCIS.

 

But the Department of State issues the VISAs and will take the "totality of the circumstances" into consideration.  You will want to have as much of an income, and health insurance, as possible

I have a job with annual income of $90,000, I also have insurance that cover both myself and my husband, the concern is my husband was unemployed before Covid and hardly get back a job until now, he is taking the unemployment benefits, I am not sure if this will impact and do we need a co sponsor or not? Appreciate for any advice, thanks guys! 

[Orangesapples 1,954]

1 hour ago, Ywong said:

I have a job with annual income of $90,000, I also have insurance that cover both myself and my husband, the concern is my husband was unemployed before Covid and hardly get back a job until now, he is taking the unemployment benefits, I am not sure if this will impact and do we need a co sponsor or not? Appreciate for any advice, thanks guys! 

If you make $90,000, you're totally fine. You definitely don't need a co sponsor. Unemployment insurance is not welfare, it's not going to hurt him at all. 

[Just Paul 4,591]

2 hours ago, Ywong said:

I have a job with annual income of $90,000, I also have insurance that cover both myself and my husband, the concern is my husband was unemployed before Covid and hardly get back a job until now, he is taking the unemployment benefits, I am not sure if this will impact and do we need a co sponsor or not? Appreciate for any advice, thanks guys! 

Not sure what this has to do with the Original Posters Question or subsequent posts; you should be fine.

[Ywong 9]

18 hours ago, Orangesapples said:

If you make $90,000, you're totally fine. You definitely don't need a co sponsor. Unemployment insurance is not welfare, it's not going to hurt him at all. 

Thank you so much for the information!

[Ywong 9]

17 hours ago, Paul & Mary said:

Not sure what this has to do with the Original Posters Question or subsequent posts; you should be fine.

It is not related to the topic but I asked this question in the thread:) thank you much for this info, I am released 😄

[C💏A 90]

On 10/10/2020 at 12:03 PM, Demise said:

Okay, so I went digging in the policy because I wasn't really sure how it's handled for AOS from K-1 visas, and it's the same as other marriage based AOS, i.e. you're married for less than 2 years as of the date your I-485 is  approved you get a conditional green card, you're married for more than 2 years you get a 10 year green card.

 

If you want the source it's the USCIS Policy Manual, Chapter 7, Section F, which references:

INA 245(d)

INA 216

Matter of Sesay (BIA, 2011)

@Gamisha

[DialNoises 6]

Wow that's awesome news! My wife and I have been married over two years, do we still need to undergo removal of conditions within the next two years? 

[Orangesapples 1,954]

5 minutes ago, DialNoises said:

Wow that's awesome news! My wife and I have been married over two years, do we still need to undergo removal of conditions within the next two years? 

If your card was approved after the two year anniversary, you should have a 10-year card.