10 years Green Card for 2+ years marriage counting from when

#1
Hi all, I wonder if anyone could help me with this question. My wife is a US citizen, I have been in the US with H-1B Visa. Our 2 years marriage anniversary is in 1 week. If we submit I-130 and I-485 concurrent filing Now, would I received 2 years GC or 10 years GC? I have read and some people say the 2 years marriage counts from the interview day but other people says it counts from the day we submit our application. I would greatly appreciate if anyone could share their experience. Thanks.
 
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Pierre82

Well-Known Member
#2
Hi all, I wonder if anyone could help me with this question. My wife is a US citizen, I have been in the US with H-1B Visa. Our 2 years marriage anniversary is in 1 week. If we submit I-130 and I-485 concurrent filing Now, would I received 2 years GC or 10 years GC? I have read and some people say the 2 years marriage counts from the interview day but other people says it counts from the day we submit our application. I would greatly appreciate if anyone could share their experience. Thanks.
Hi MrCool7,

The information below is taken from the USCIS website and probably answer your concern.

Your permanent residence status is conditional if it is based on a marriage that was less than 2 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 adjustment of your status to permanent residence.

Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence

Have a great weekend.
 

newacct

Well-Known Member
#3
Neither. It's the day you become a permanent resident (which for people who do Adjustment of Status, it is the day AOS is approved; for people who did Consular Processing, it is the day they enter the US on the immigrant visa). Since it will take more than one week for AOS to be approved (in fact it takes many months, sometimes a year or more), you will have been married for more than 2 years at the time it is approved, and thus you will become a non-conditional permanent resident.
 
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