2 years of marriage

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rukhsana1212

New Member
1. If a US citizen married a foreigner and come back to US and file I-130 after 6 month and intentionally do whole process slow until 2 years complete after marriage, then his spouse come to USA as immigrant visa (after 2 years completion of marriage), will they issue green card WITHOUT conditional,

In short all I-130 process (after the filing), included in the 2 year period?
or US citizen have to wait to file I-130 when 2 years of marriage is complete (remember US citizen want that green card for his spouse should be without conditional from the 1st day)


2. They give citizenship after 3 years of green card, the 2 year conditional green card are included in these 3 years or not, I mean

(2 conditional) + 3 = 5 years or
(2 conditional) + 1 = 3 years

which 1 is true
 
I know a friend of mine who got married in september 2005, and applied in Novermber 2005. He received a 10-year greencard in March 2008. I've heard of some people who passed the 2-year mark before receiving their greendcard, yet they still received a conditional one. So, to be on the safe side, you may try applying after 1 or 1.5 years from marriage, hoping the process will take long enough time to pass 2 years from the date you tied the knot. It also has to do with your I-485 application filing date, NOT the I-130 (please someone correct me if I'm mistaken). So i believe if you file for the I-485 after the 2-year mark, Im almost sure you'll get an unconditional GC.

Citizenship's 3-year countdown (or more like 2 years and 9 months), however, counts from the day you become a permanent resident(regardless if it's conditional or not). You're eligible to apply for citizenship (As long as you're still married to the SAME US citizen) after 2 year and 9 months from becoming a permanent resident. If you and the US citizen are divorced, and assuming you remove the conditions off of your greencard, you'll become eligible 4 years and 9 months instead.

For example, say you received your conditional greencard on January 1st, 2010. You'll eligible, God Willing, to apply for citizenship on September 30th, 2012 (or exactly 90 days backwards from January 2013). But God Forbid you and your US Citizen spouse get a divorce, you'll be eligible on September 30th, 2014 (or exactly 90 days backwards from January 1st, 2015).

To be honest with you, I'm not sure why are you worried about removing conditions. If your marriage is bonafide, there's absolutely nothing to worry about. Delaying the I-485 means delaying your greencard, which also results in delaying eligibility for citizenship.
 
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rukhsana1212 said:
1. If a US citizen married a foreigner and come back to US and file I-130 after 6 month and intentionally do whole process slow until 2 years complete after marriage, then his spouse come to USA as immigrant visa (after 2 years completion of marriage), will they issue green card WITHOUT conditional,
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Why would the US citizen want to spend nearly 2 years living apart from his spouse, just for the sake of bypassing the conditional card? Yes, the conditional card has a bit of hassle with filing to remove conditions later on, but that is nothing compared to living apart for 1.5 years.

Unless the noncitizen spouse is already in the US with a long-term visa like H1B or F1, the plan you are describing makes no sense for a bona fide marriage. Only somebody with a fake marriage would prefer to live in a different country from their spouse rather than deal with the extra paperwork.
 
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