removal of conditions q

[izus]

lets say you dont have your green card by the time you are married for 2 years.

when you receive your green card you receive it without conditions (which also means automatic 10 year GC)

but if she gets her GC say 1 month before we are married for 2 years.

then i guess we turn right around and apply for her removal of conditions (10 year)

then i guess my next quetsion is whats our next step to citizenship after removal of conditions.

Edited January 26, 2008 by izus (see edit history)

[LeeFisher3]

If the interview takes place before your anniversary you will get a 2 year green card. I'd suggest postponing any interview until after your anniversary so that you will have been married for 2 years when you go.

 

As for filing for citizenship or removal of conditions the beginning date for those is the issue date of the original green card no matter how long you have been married.

[izus]

all of our paperwork is still in california so unless everything gets transfered back i dont know where the interview will take place.

[dnoblett]

The cut off is 2 years of marriage, if green-card is approved and issued before that cut off, you will get a 2 year conditional card, and you have to wait 21 months before filing the I-751 to remove the conditions, NOT just after 2nd wedding anniversary, you will be filing the I-751 within 4 months of your 4th wedding anniversary.

 

You can file the N-400 for citizenship within 90 days of third anniversary of getting approved for first green-card either the conditional or un-conditional card. The foreign citizen must be a permanent resident for at least 3 years continuously married to a US citizen, or be a permanent resident for at least 5 years if not married to a US citizen in order to file for citizenship.

[izus]

If the interview takes place before your anniversary you will get a 2 year green card. I'd suggest postponing any interview until after your anniversary so that you will have been married for 2 years when you go.

 

As for filing for citizenship or removal of conditions the beginning date for those is the issue date of the original green card no matter how long you have been married.

how long do you have to wait for filing for removal of conditions, say she gets her GC after our 2nd anny.

[dnoblett]

If the interview takes place before your anniversary you will get a 2 year green card. I'd suggest postponing any interview until after your anniversary so that you will have been married for 2 years when you go.

 

As for filing for citizenship or removal of conditions the beginning date for those is the issue date of the original green card no matter how long you have been married.

how long do you have to wait for filing for removal of conditions, say she gets her GC after our 2nd anny.

You can file to remove conditions 21 months after getting the conditional green-card, that is within 90 days before the card's expiration.

 

2nd wedding anniversary has nothing to do with when you can file to remove conditions.

[izus]

so if she doesnt get her gc until after our our second anniversary will we still have to file for removal of conditions?

 

upon receiving a 10 year gc does this mean you have removal of conditions?

Edited January 26, 2008 by izus (see edit history)

[dnoblett]

so if she doesnt get her gc until after our our second anniversary will we still have to file for removal of conditions?

NO, as I said in my first post as well as Lee's post above, if you are approved after 2nd wedding anniversary you will get the un-conditional 10 year card. UN-Conditional means there are NO conditions to remove.

[izus]

after removal of conditions how long do you have to wait for filing for citizenship?

[hakkamike]

so if she doesnt get her gc until after our our second anniversary will we still have to file for removal of conditions?

NO, as I said in my first post as well as Lee's post above, if you are approved after 2nd wedding anniversary you will get the un-conditional 10 year card. UN-Conditional means there are NO conditions to remove.

That is not 100% true

[Randy W]

so if she doesnt get her gc until after our our second anniversary will we still have to file for removal of conditions?

NO, as I said in my first post as well as Lee's post above, if you are approved after 2nd wedding anniversary you will get the un-conditional 10 year card. UN-Conditional means there are NO conditions to remove.

That is not 100% true

 

I think that Mikey's saying that they didn't say it (and that's true), but what is 100% true here?

 

The INA says about K-1's,

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101( a )(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant

 

so if the interview is within the first year, but the green card is not issued until after the second anniversary, do we get the 10 year card?

[dnoblett]

so if she doesnt get her gc until after our our second anniversary will we still have to file for removal of conditions?

NO, as I said in my first post as well as Lee's post above, if you are approved after 2nd wedding anniversary you will get the un-conditional 10 year card. UN-Conditional means there are NO conditions to remove.

That is not 100% true

 

I think that Mikey's saying that they didn't say it (and that's true), but what is 100% true here?

 

The INA says about K-1's,

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101( a )(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant

 

so if the interview is within the first year, but the green card is not issued until after the second anniversary, do we get the 10 year card?

There are a few members on this site that were stuck in name-check hell, they were approved pending name check, the name check took a long time, and completed after 2nd wedding anniversary, result 10 year un-conditional card.

[dnoblett]

after removal of conditions how long do you have to wait for filing for citizenship?

3 years from obtaining the first green-card.

[Randy W]

 

I think that Mikey's saying that they didn't say it (and that's true), but what is 100% true here?

 

The INA says about K-1's,

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101( a )(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant

 

so if the interview is within the first year, but the green card is not issued until after the second anniversary, do we get the 10 year card?

There are a few members on this site that were stuck in name-check hell, they were approved pending name check, the name check took a long time, and completed after 2nd wedding anniversary, result 10 year un-conditional card.

That's what I thought, but that wording in the INA got me wondering.

 

Thanks, Dan

[LeeFisher3]

 

I think that Mikey's saying that they didn't say it (and that's true), but what is 100% true here?

 

The INA says about K-1's,

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101( a )(15)(K) 2aa/ except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant

 

so if the interview is within the first year, but the green card is not issued until after the second anniversary, do we get the 10 year card?

There are a few members on this site that were stuck in name-check hell, they were approved pending name check, the name check took a long time, and completed after 2nd wedding anniversary, result 10 year un-conditional card.

That's what I thought, but that wording in the INA got me wondering.

 

Thanks, Dan

I wouldn't always bet on the name check being complete to being the issue date on the green card. My son's issue date was the interview date even though it was not finished until a few months later.

 

The only thing we can count on is the inconsistency of the USCIS.