For WANT regarding I-130

nasrmobin

New Member
13. Notice to Persons Filing for Spouses,
If Married Less Than Two Years.
Pursuant to section 216 of the Immigration and Nationality
Act, your alien spouse may be granted conditional
permanent resident status in the United States as of the date
he or she is admitted or adjusted to conditional status by a
USCIS officer. Both you and your conditional resident
spouse are required to file Form I-751, Joint Petition to
Remove Conditional Basis of Alien's Permanent Resident
Status, during the 90-day period immediately before the
second anniversary of the date your alien spouse was
granted conditional permanent resident status.
Otherwise, the rights, privileges, responsibilites and duties
that apply to all other permanent residents apply equally to a
conditional permanent resident. A conditional permanent
resident is not limited to the right to apply for naturalization,
file petitions on behalf of qualifying relatives or reside
permanently in the United States as an immigrant in
accordance with our nation's immigration laws.

What does it exactly mean? Should I be worry about it right now?
 
nasrmobin said:
13. Notice to Persons Filing for Spouses,
If Married Less Than Two Years.
Pursuant to section 216 of the Immigration and Nationality
Act, your alien spouse may be granted conditional
permanent resident status in the United States as of the date
he or she is admitted or adjusted to conditional status by a
USCIS officer. Both you and your conditional resident
spouse are required to file Form I-751, Joint Petition to
Remove Conditional Basis of Alien's Permanent Resident
Status, during the 90-day period immediately before the
second anniversary of the date your alien spouse was
granted conditional permanent resident status.
Otherwise, the rights, privileges, responsibilites and duties
that apply to all other permanent residents apply equally to a
conditional permanent resident. A conditional permanent
resident is not limited to the right to apply for naturalization,
file petitions on behalf of qualifying relatives or reside
permanently in the United States as an immigrant in
accordance with our nation's immigration laws.

What does it exactly mean? Should I be worry about it right now?


It means,when get married to a US citizen,your US citizen has to petition you for GC.He/she fills out Forms I -130 to get your visa and I-485 for your GC.To get your I-485 approved,your I-130 must be approved first.Both forms may be filled out at the same time or you may fill out form I-485 after I-130 is approved.
Now to go to your question,If your US citizen applies for GC for you after to years of your marriage,then you get directly a Green Card good for 10 years.
If your US citizen applies for GC for you before two years of marriage,then you receive a GC good for only 2 years.They call it conditional residence.Then 90 days before your 2 years GC runs out(Expires) you will have to fill out Form I-751 to remove conditional residence and get final residence wich is will be good for 10 years.
Now the thing is when you get your GC,you may apply for citizenship after 2 years and 9 months if you've been married and still staying with the same US citizen for a least 3 years.This means,after your 2 years Residence,you obtain your 10 years residence.You will need to use only 9 months on your 10 years residence to apply for citizenship.This is the reason why people prefer to pass through 2 years conditional Residence.Cause if you bypass two years of marriage and apply for 10 years GC,the 2 years and 9 months start counting from the date of approval of your 10 years GC.That means you lost 2 years + GC approval waiting time.

RD Aug 22,2001
Approved Sep 15,2005
GC received Sep 20,2005
 
Nasrmobin, Just file as a PR so you are in the list. Maybe late 2006, your I-130 will be approved but then you have to check on Department of STate's website to see which Visa date they are on.

But I-130 approval is 1st step, then its simple if a visa is available. Currently they are processing Feb 02 dates for spouse of PRs.

Conditional PR is granted to all spouse GC's so thats the last thing you are worried about as of now. You need to get your spouse here and then worry about other stuff.
 
Thanks Cadel and WANT, I really appreciate you guys help and inputs.
I have already filled-out the forms and I am puting together the documents as are listed in the forms. I ask you more question as I approch to the next step.
Regards,

Nas
 
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