conditional permanent residency

A

anamak

New Member
Hello,

I have a pending 485 application. This application is through my spouse's employer. So my spouse is the primary applicant. When my 485 gets approved, will it be a conditional approval based on marriage?

We were married for more than 2 years before filing the 485 application .

We are contemplating a divorce. Assuming the actual termination of marriage will occur after 485 approval, will I lose my green card due to termination of marriage.

thanks.
 
I think (I really don't know law, just my opinion) you should get a perm green card. The conditional green card is good for 2 yrs, 90 days before your two year anniversary you need to apply for the perm one and have another interview to make sure your still married. If you get a divorce before getting the perm green card then they might not give it to you. If your still married get the perm green card and then a divorce that looks fishy. They may not know you did this until you want to go for citizenship and then you'll probably be denied that. I am not sure though.
 
Originally posted by anamak
Hello,

I have a pending 485 application. This application is through my spouse's employer. So my spouse is the primary applicant. When my 485 gets approved, will it be a conditional approval based on marriage?

We were married for more than 2 years before filing the 485 application .

We are contemplating a divorce. Assuming the actual termination of marriage will occur after 485 approval, will I lose my green card due to termination of marriage.

thanks.
Click to expand...

You will get a regular Green Card. Conditional green cards are issued to those who marry a US citizen and apply for green card based on this marriage.
 
If your spouse is an USC (citizen) then you will get a conditional green card. If he is a non citizen and is getting a green card through employement based category, then you will get a permanent green card, not conditional. From your posting it looks like your spouse is a non US citizen. Then you should be getting a permanent green card renewable every 10 years. That is current the regulation.
 
Hong long does it take to get Conditional Green Card

Hello,

I am an H1B holder. I plan to marry a US Citizen. I will be submitting I130, I485, I765, I131 all together after marriage.
can someone tell me

- how long does it take to get Conditional Green card? Where do you see the waiting times for it ?

-- Is Conditional green Card same as getting I485 approval and going to INS Office for finger printing and getting the card in post ?

-- Or do they give I765 ( EAD) and I131 (AP) earlier than the Conditional Green Card.

Would appreciate some valuable advice from experienced member.
 
Timelines for GC by marrying USC spouse

I have few questions on behalf of one of my friends.

Actually he wanted to know the whole process of getting GC through marrying a USC spouse.

Here are his timelines.

He got married in Nov, 2002 in India but they filed K-3 in April, 2003. He entered USA in Feb, 2004 but I think his I-130 is not approved. How long it will take to get I-130 to get approved. His spouse is in Michigan. Can he file for I-485 now or he has to wait for the I-130 approval. How long I-485 takes to get approved after I-130. When he will get green card. If he gets green grad after Nov, 2004. is it going to be conditional or permanent (he will be married for 2 yrs in Nov, 2004). I would appreciate you response.

Thanks
 
canada_1111 said:
I have few questions on behalf of one of my friends.

Actually he wanted to know the whole process of getting GC through marrying a USC spouse.

Here are his timelines.

He got married in Nov, 2002 in India but they filed K-3 in April, 2003. He entered USA in Feb, 2004 but I think his I-130 is not approved. How long it will take to get I-130 to get approved. His spouse is in Michigan. Can he file for I-485 now or he has to wait for the I-130 approval. How long I-485 takes to get approved after I-130. When he will get green card. If he gets green grad after Nov, 2004. is it going to be conditional or permanent (he will be married for 2 yrs in Nov, 2004). I would appreciate you response.

Thanks
Click to expand...

It's impossible to predict the time line for I 130 approval, but the green card will be "conditional" regardless of the number of years of marriage. I think the I 130 needs to be approved before you can file for adjustment of status-but consult a lawyer for that.
 
conditional permanent

Thanks

So when he will get permaanent GC. he has to wait for another two years to get permanent green after getting conditional GC.

Thanks Again
 
Are you sure that everybody would get the conditional greencard regardless of the number of the years of the marriage? Even it's over 4 years???
 
detroitmimi,
The conditional GC is given only when the marriage is less than 2 yrs only at the TIME OF APPROVAL in a family case. If its beyond 2 yrs, one gets full 10 YR GC...
 
SWaiting said:
detroitmimi,
The conditional GC is given only when the marriage is less than 2 yrs only at the TIME OF APPROVAL in a family case. If its beyond 2 yrs, one gets full 10 YR GC...
Click to expand...

Yes, that's what I thought and that's what it says on the paper and the INS website. I hope I will get a 10years GC.I should!
 
You must log in or register to reply here.
Top