is it true after sept. 2012?

[seafood10]

i read somewhere in this forum that they just made it into law that if your spouse pass the exam in guangzhou and granted a visa to come to the states, she automatically get a green card. but if she pass the exam sometimes after sept. 2012, her green card is good for 10 years. but if she had the interview before sept. 2012 and pass it, her green card is only good for 2 years? is that true or false? thx in advance.

[dnoblett]

False. You may be reading a thread advising someone who will have been married almost 2 years to time it to get visa or enter the USA after they have been married for 2 years.

 

There are two types of residency Conditional-Resident and just Resident.

• Conditional residency is given to people who have been married less than 2 years when approved for residency, the resulting green-card is a 2 year conditional one requiring conditions to be removed 2 years after being granted conditional residency.
  
• Non-Conditional Residency is given to people married longer than 2 years when approved for residency the resulting green-card is a 10 year card with no conditions to remove.
  

Timings:

• Married less than 2 years at time of visa interview, visa will be a CR-1, and then use visa to enter the USA with less than 2 years of marriage, (2 year Conditional green-card)
  
• Married less than 2 years at time of visa interview, visa will be a CR-1, and then use visa to enter the USA with MORE than 2 years of marriage, inform POE officer and show copy of marriage cert attesting to the fact that have been married more than 2 years, resulting green-card will be the 10 year card.
  
• Married MORE than 2 years at time of visa interview, visa will be coded IR-1, use this to enter the USA, the resulting green-card will be 10 year card.
  

Edited March 1, 2012 by dnoblett (see edit history)