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#1
27th July 2007, 07:17 PM
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Eligible to apply GC in Aug, but 2 months short of 2 year marriage anniversary
My spouse is getting his USC in mid August. I am getting my medical exam and 98% of paperwork is ready to be filed. Then I came across the form I751! We got married in Oct 2005 so we are 2 months short to be married for 2 years. That means we'd have to file 751 in the future to remove the conditional status? The fee will increase to $545 next month and sounds like it's a pain in the behind with this procedure just to remove the condition.
I wanted to travel abroad in December and that was why I wanted to file everything as soon as he becomes USC. Now I am thinking if it's worth waiting the 2 months till our 2nd anniversary. I might not get the AP by December and that's the only concern. What would you do?? Thanks. 
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Spouse: USC Oath 8/XX/07 Self: Interview 2/21/08 - Approved IL Notice 12/11 EAD arvd 11/13 (85) EAD ord 10/30 FD 10/30(71) AP in hand 10/27(67) AP aprvd 10/22 Cases added online 10/12 FD notice rcvd 10/5 FD RD 10/2(43) Notices in mail 9/16 Checks cashed 9/15(26) ND 9/14(25) RD 8/21(1) Rcvd LC in Sep 06 Applied LC in Oct 03 2nd H1B Xpring in 09 (No stamp) First H1B in Juarez in 05 H1B transfer in 03 First H1B in 02 OPT in 01-02 F1 Visa Ex 00-02 in Juarez F1 Visa 95-00 
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#2
27th July 2007, 08:11 PM
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Personally I would file as soon as he gets citizenship. Very rarely do I see that anybody would get their interview in less than 2 months. If you get your interview after your 2 year anniversary then you will get your permanent green card, not the conditional one. It's not like they will backdate the green card to the date that you filed. Usually it's when you have your interview that counts.
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Ninyte DO: Baltimore, MD 7/16/07 Mailed I-130, I-485, I-765 7/17/07 RD 7/26/07 ND 8/18/07 FP for I-485 & I-765 9/26/07 EAD received  11/23/07 IL received 01/16/08 Interview 01/25/08 Approval notice sent for I-130, LUD I-485 01/31/08 LUD I-485: Card production ordered 2/09/08 GC received 
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#3
27th July 2007, 08:56 PM
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Ohhh so when they say 2 year anniversary, it means that you'd have to be married at least 2 years the day you have your interview, not the day you file!?
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Spouse: USC Oath 8/XX/07 Self: Interview 2/21/08 - Approved IL Notice 12/11 EAD arvd 11/13 (85) EAD ord 10/30 FD 10/30(71) AP in hand 10/27(67) AP aprvd 10/22 Cases added online 10/12 FD notice rcvd 10/5 FD RD 10/2(43) Notices in mail 9/16 Checks cashed 9/15(26) ND 9/14(25) RD 8/21(1) Rcvd LC in Sep 06 Applied LC in Oct 03 2nd H1B Xpring in 09 (No stamp) First H1B in Juarez in 05 H1B transfer in 03 First H1B in 02 OPT in 01-02 F1 Visa Ex 00-02 in Juarez F1 Visa 95-00
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#4
27th July 2007, 09:40 PM
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You have to be married for two years before the day you become LPR, which usually is the interview date.
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Ninyte DO: Baltimore, MD 7/16/07 Mailed I-130, I-485, I-765 7/17/07 RD 7/26/07 ND 8/18/07 FP for I-485 & I-765 9/26/07 EAD received 11/23/07 IL received 01/16/08 Interview 01/25/08 Approval notice sent for I-130, LUD I-485 01/31/08 LUD I-485: Card production ordered 2/09/08 GC received
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