can someone help?

[andreawv]

I am confused little bit about conditional residency. 2 years start from the day you get marry? or from from the day you get Permanent residence. Lets say if AOS is approved on 07/31/06 and they got married on 07/01/04 will this couple get Permanent one or conditional one.

[ps182]

It is 2 years from your AOS approval date . If you were approved on 07/31/06 ,90 days prior to 07/31/08 , you will have to apply to remove conditions . You can typically apply after May 01 ,2008 . Hope this helps .

[kevinglenn]

I stand corrected but I believe the expiration date on ur conditional residence coincides with ur second wedding anniversary.

If at the time of approval U have been married for more than two years...ur card would not be conditional(or shouldn't be).

You usually apply to remove the conditions 90 days before ur second anniversary.

If u were married on July 1st '04 and u were approved on July 31 '06 ur card shouldn't be conditional.

U might wanna check on that.

http://www.uscis.gov/graphics/howdoi/remcond.htm

[andreawv]

Thanks Kevin I just checked it here is the quote
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

so the 2nd part means if someone got married outside the USA? what i am understanding from here you have to be married in USA for atleast 2 years correct me. I got stuck with conditional gc even though i am married for 2 years.

[cherr1980]

Kevin, the expiration date of your card is the second year of being a permanent resident. Example, if you get approved on 8/31/06 your expiration date is 8/31/08. Has nothing to do with your marriage date. The marriage date only counts to know if by the time of the approval your marriage has a lenght of 2 years or less.

The clause about the conditional residency is for people who gain their permanent residency through marriage with a US citizen and their marriage at the time of the approval is less than two years. Example, if a person got married last year on 7/31/05 and it was grant permanent residency on 4/25/06 that person receives a conditional card. Because the lenght of their marriage is less than 2 years by the time of received the residency.

The second part refers that if you were admitted in the US with an immigrant visa (if the spouse goes through Consular Processing/means you apply for your spouse outside the US) or Adjustment of Status (within the US). Does not matter where the marriage took places is the lenght of the marriage.

If you were married 24 months at the date of received your approval you should received a non conditional card but if you were married e.g. 18 months you should received a conditional card.

[cherr1980]

andreaw, in your case if you were married on 7/01/04 and your AOS got approved on 7/31/06 you should received a non conditional green card because your marriage at the time of the approval was 24 months and 30 days old.

In your card the date that says "Resident since:" states 7/31/06?

In any case, you can make an INFOPASS with all your documents and check that out and see what they tell you. Or can make an inquiry with a lawyer and see what are the probabilities to correct that issue.

Good luck,