conditional green card vs. 10-yr GC

[AmyAndDoug]

We sent in the I-485 application late May. By March 12, 2009, we'll be married for 2 years. I was just doing the calculations the other day, and realized that it might be just about 90 days before our 2 years that we get my conditional GC. Then we'll have to do a lot more paper work and pay $500+ to remove the conditions. That's just painful, especially it'll be right around the 90 days before 2 years. Even if it's around the 90 days, they'll still give us the conditional GC not the 10-yr, right? Is there any way to delay this process so we can get the 10-year GC altogether? =P

[Sebastian]

So basically, she came in on a K-3 visa.

 

Did you abandon the I-130? Was the I-130 ever approved at NVC? IF SO, then there is chance to restart the I-130 in mid stream. It would also mean going back to GUZ for the final interview, but once she comes back again, she will have that same time window problem for the 10 year GC on IR-1 status.

 

What is expiration date on her K-3 ?

[rogerinca]

I have previously brought this up in another thread.

 

Our two year validity K-3 clock, started ticking on June 6th at the POE.

 

We will be married two years this November--five months into the visa.

 

I am going to hold up on commencing the AOS process until after our 2nd wedding anniversary, so we will be eligible for the 10 year card and not have to go through another step in two more years.

Edited June 24, 2008 by rogerinca (see edit history)

[Randy W]

We sent in the I-485 application late May. By March 12, 2009, we'll be married for 2 years. I was just doing the calculations the other day, and realized that it might be just about 90 days before our 2 years that we get my conditional GC. Then we'll have to do a lot more paper work and pay $500+ to remove the conditions. That's just painful, especially it'll be right around the 90 days before 2 years. Even if it's around the 90 days, they'll still give us the conditional GC not the 10-yr, right? Is there any way to delay this process so we can get the 10-year GC altogether? =P

 

 

Also, you seem a little unclear where I added the bold. The green card expires after 2 years. You apply to remove conditions within that 90 day window before the expiration of the green card. NOT 2 years after your wedding date.

[dnoblett]

For K-3, the practice is to not file the I-485 until you are very close to wedding anniversary, but not more than 1 year past visa medical.

 

If the K-3 wants to do things like work, drive, and get SSN they apply for EAD before filing AOS and pay $340 for the EAD. This is less than the cost to remove conditions on a 2 year green-card.

[AmyAndDoug]

My K-3 expires in April, 2010, so still 2 yrs to go since I just came. I don't know what happened to my I-130...@_@ It was approved at USCIS at the same time as the K-3. But I guess they just assumed that we'd go with the I-129F, so we never heard about the I-130 again haha. I hope it won't be sent to GUZ then...???

 

I wanted to hold off on the I-485 too. But I still needed to apply for the EAD card since I wanted to start working asap (bored to death everyday!), which would cost almost $350 alone, but free if applied with I-485. And Doug kept saying to not drag on the green card in case we need it some day (e.g. traveling or moving back to China together). So now I'm going to do my biometrics today (for both I 485 & I 765), should be getting the EAD card within 1~1.5 month, just wondering if there's any way to prolong the I-485. =P

 

I guess if I do get an interview later on, I can reschedule it to a later time and reschedule again if not late enough, that will work? haha... =P

[AmyAndDoug]

Also, you seem a little unclear where I added the bold. The green card expires after 2 years. You apply to remove conditions within that 90 day window before the expiration of the green card. NOT 2 years after your wedding date.

OH! Thanks~ =)

[dnoblett]

No way to prolong it, the I-485 will go to one of 2 places.

 

It will go to your field office, and depending on how busy they are it can be a few months to a year or so for them to get around to an interview.

 

OR it will go to California Service Center where it can take a few months or longer depending on name checks, or CSC adjudicator may decide an interview is needed and send it to your field office.

 

For field office timing look here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

[AmyAndDoug]

No way to prolong it, the I-485 will go to one of 2 places.

 

It will go to your field office, and depending on how busy they are it can be a few months to a year or so for them to get around to an interview.

 

OR it will go to California Service Center where it can take a few months or longer depending on name checks, or CSC adjudicator may decide an interview is needed and send it to your field office.

 

For field office timing look here: https://egov.uscis.gov/cris/jsps/ptimes.jsp

OK thanks! I guess it's not too bad if I can wait another 2+ years to do all the annoying paper works again... But then by the time I receive my permanent green card, it'll soon reach the 3 years, then time to apply for naturalization. Boo, another big chunk of $$$ and more annoying paper work with more waiting...

[david_dawei]

No way to prolong it.

I would just request a reschedule to the interview if possible...

[warpedbored]

OK thanks! I guess it's not too bad if I can wait another 2+ years to do all the annoying paper works again... But then by the time I receive my permanent green card, it'll soon reach the 3 years, then time to apply for naturalization. Boo, another big chunk of $$$ and more annoying paper work with more waiting...

The citizenship eligibility starts on the day the green card is approved. You can apply about 2 years and 9 months after that (90 days prior to the 3 years) as long as you are still married to the same US citizen. If you prolong your green card you are also prolonging your citizenship eligibility.

Edited June 26, 2008 by warpedbored (see edit history)

[dnoblett]

OK thanks! I guess it's not too bad if I can wait another 2+ years to do all the annoying paper works again... But then by the time I receive my permanent green card, it'll soon reach the 3 years, then time to apply for naturalization. Boo, another big chunk of $$$ and more annoying paper work with more waiting...

The citizenship eligibility starts on the day the green card is approved. You can apply about 2 years and 9 months after that (90 days prior to the 3 years) as long as you are still married to the same US citizen. If you prolong your green card you are also prolonging your citizenship eligibility.

Correct, the 3 year clock starts a the time you become a Lawful Permanent Resident, that is when you receive your first green-card, either the 2 year CR-Green-card or Unconditional 10 year card. It is not 3 years of marriage that is what is being counted it is 3 years of being an LPR continuously married and residing with US citizen that is what counts.

 

All that delaying getting the card may do for you is eliminate having to remove conditions, you still will have to wait 2 years 9 months before you can file N-400.

[AmyAndDoug]

and in addition to still being married to the same petitioner, I do need to reside inside the U.S. for at least half year during each of those 3 years in order to be eligible, right? This is annoying, because we want to move back to Shanghai but stuck here all for that passport.

 

I have a friend whose husband switched job to McKinsey Shanghai almost 2 year after her green card. Then he began to travel everywhere depending on each consulting project, and my friend followed her husband to each project location. Then they both forgot to remove conditions (due to too much traveling I guess). So now her green card is expired and she needs to reapply again! She said it's taking really long... that's why we should all be very careful on this. haha

[warpedbored]

and in addition to still being married to the same petitioner, I do need to reside inside the U.S. for at least half year during each of those 3 years in order to be eligible, right? This is annoying, because we want to move back to Shanghai but stuck here all for that passport.

 

I have a friend whose husband switched job to McKinsey Shanghai almost 2 year after her green card. Then he began to travel everywhere depending on each consulting project, and my friend followed her husband to each project location. Then they both forgot to remove conditions (due to too much traveling I guess). So now her green card is expired and she needs to reapply again! She said it's taking really long... that's why we should all be very careful on this. haha

If they forgot to remove conditions before the two years was up your friend is out of status and no longer a legal permanent resident of the US. If she is out of the country she will likely be denied entry to the US. This is a serious problem.

[dnoblett]

and in addition to still being married to the same petitioner, I do need to reside inside the U.S. for at least half year during each of those 3 years in order to be eligible, right? This is annoying, because we want to move back to Shanghai but stuck here all for that passport.

 

I have a friend whose husband switched job to McKinsey Shanghai almost 2 year after her green card. Then he began to travel everywhere depending on each consulting project, and my friend followed her husband to each project location. Then they both forgot to remove conditions (due to too much traveling I guess). So now her green card is expired and she needs to reapply again! She said it's taking really long... that's why we should all be very careful on this. haha

Need to be a resident of the USA for at least 18 months of the 3 years.

 

SEE for requirements: http://www.uscis.gov/files/article/M-476.pdf