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married after I-485 is filed
- Thread starter nancyliu
- Start date
Hi, all
My boyfriend has a EB-2 based I-485 pending. If he marries me now and add me as his spouse, do I get a conditional green card or a regular green card when our case is approved in a few months?
Thanks.
Regular. As long as you marry him before I485 gets approved. If you are in US then depend on your current status he can include you in his pending I485 and you will get greencard with him.
Thank you.
Then, why did Ron at imminfo.com said
"If you are married less than two years when your AOS is approved, you will receive conditional resident. More than two years and they give you permanent residence."?
I am confused. I read on the internet that one person who married a green card applicant got a conditional green card. But the people I know in real life who are in a similar situation all got regular cards. According to Form I-751, conditional residence dose apply if the sponsoring spouse is a permanent resident and the two have been married for less than 2 years.
I appreciate it if anyone has more information on this.
Then, why did Ron at imminfo.com said
"If you are married less than two years when your AOS is approved, you will receive conditional resident. More than two years and they give you permanent residence."?
I am confused. I read on the internet that one person who married a green card applicant got a conditional green card. But the people I know in real life who are in a similar situation all got regular cards. According to Form I-751, conditional residence dose apply if the sponsoring spouse is a permanent resident and the two have been married for less than 2 years.
I appreciate it if anyone has more information on this.
Regular. As long as you marry him before I485 gets approved. If you are in US then depend on your current status he can include you in his pending I485 and you will get greencard with him.
Jackolantern
Registered Users (C)
With marriage immigration works differently in different scenarios.
If somebody is obtaining a green card, and his/her spouse joins him/her as a dependent, they both get unconditional green cards.
But if somebody already has a green card or is a US citizen, then gets married and files for the spouse, the spouse will initially get a conditional green card (unless they have already been married for 2 years before the green card process).
If somebody is obtaining a green card, and his/her spouse joins him/her as a dependent, they both get unconditional green cards.
But if somebody already has a green card or is a US citizen, then gets married and files for the spouse, the spouse will initially get a conditional green card (unless they have already been married for 2 years before the green card process).
Thanks.
But I found this guy's experience (He was applying for a green card and his wife got a conditional green card as a dependent):
Myself: EB2 PhD Started process 8/04 TOTAL 3.5 Years
Labor Cert Approved 1/05
I-140 Approved 4/05
I-485 Applied 5/05, EAD/AP 5/05 approved
FP 1 7/05 EAD/AP 3/06 approved RFE 1 6/06 FP 2 10/06
EAD/AP 1/07 approved RFE 7/07
Used AC 21 for I-140 portability <BR>EAD/AP 12/07 approved.
I 485 Approved 2/08 No Interview.
Wife Derivative:
Married 10/07 Applied 11/07 from F-1 visa
FP 01/08 AP/EAD 3/08 I-485 conditionally approved TODAY!!
7/16/08
The marriage must occur before my principal
I485 is approved. Then derivative status is possible.
Interview went only for 20minutes. As marriage is less
than 2 years, conditional. Submitted copies of marraige cert,
bank accounts, credit cards, tax filing, lease contracts,
vacation receipts, health plan copy. Conditional Green card to
remove condition 1.75 years from today ie. 4/15/10. Same
process, submit all 2 name documents on I-751 + $500+ OUCH!!
Immigration officer was professional, no jokes, no
smile, but polite. She asked for A, B, C, docs in sequence,
punch 2 holes and file it. Copies my GC and DL + wife DL, then
"OK, I will approved it conditionally, please submit I-751 in
1.75 years." "welcome to USA".
http://www.immihelp.com/experience/readentries.do?category=3
But I found this guy's experience (He was applying for a green card and his wife got a conditional green card as a dependent):
Myself: EB2 PhD Started process 8/04 TOTAL 3.5 Years
Labor Cert Approved 1/05
I-140 Approved 4/05
I-485 Applied 5/05, EAD/AP 5/05 approved
FP 1 7/05 EAD/AP 3/06 approved RFE 1 6/06 FP 2 10/06
EAD/AP 1/07 approved RFE 7/07
Used AC 21 for I-140 portability <BR>EAD/AP 12/07 approved.
I 485 Approved 2/08 No Interview.
Wife Derivative:
Married 10/07 Applied 11/07 from F-1 visa
FP 01/08 AP/EAD 3/08 I-485 conditionally approved TODAY!!
7/16/08
The marriage must occur before my principal
I485 is approved. Then derivative status is possible.
Interview went only for 20minutes. As marriage is less
than 2 years, conditional. Submitted copies of marraige cert,
bank accounts, credit cards, tax filing, lease contracts,
vacation receipts, health plan copy. Conditional Green card to
remove condition 1.75 years from today ie. 4/15/10. Same
process, submit all 2 name documents on I-751 + $500+ OUCH!!
Immigration officer was professional, no jokes, no
smile, but polite. She asked for A, B, C, docs in sequence,
punch 2 holes and file it. Copies my GC and DL + wife DL, then
"OK, I will approved it conditionally, please submit I-751 in
1.75 years." "welcome to USA".
http://www.immihelp.com/experience/readentries.do?category=3
With marriage immigration works differently in different scenarios.
If somebody is obtaining a green card, and his/her spouse joins him/her as a dependent, they both get unconditional green cards.
But if somebody already has a green card or is a US citizen, then gets married and files for the spouse, the spouse will initially get a conditional green card (unless they have already been married for 2 years before the green card process).