Getting permanent green card if AOS 2 years past marriage

[shanghaigale]

I know that if your wife enters the USA for the first time, after you have married over 2 years then your wife should be issued a 10 year green card. I have been told that this is also true if AOS is applied for but not granted until two years after marriage. I assume this is true but was wondering if anybody could point me to the actual USCIS regulation that points this out. I looked for a while on the USCIS website and never could find it. If someone could point me to it, I would appreciate it.

Gale

[Randy W]

I had the same question, since the INA Sction 245 reads

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 basisunder section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K)

 

But it's true. You do get the 10 year green card if your marriage is over 2 years old.

 

No, I haven't found the law, either.

Edited April 12, 2008 by Randy W (see edit history)