question about GC through marraige

C

cmn0548

Registered Users (C)
Hey guys,
Just wondering on some questions I had. Been reading through this section of immigration and it seems that the said person has to be married 2 years at a minimum, when the second interview will be scheduled?

As i see it, the process is:
after marriage, the documents are filed, and when they are sent you will be legal until a decision is made. this takes 12-18 months...and meanwhile you can file another document for work permission, which will not take more than 90 days.

am i right?
 
Is this for a marriage to a US citizen?

... then it would go something like this:

Marriage -> file I-130/I-485/I-765 (optional employment authorization aka EAD)/I-131 (optional travel document aka AP) -> finger printing, waiting, posting here, yada yada, interview and EAD and AP usually all occur within 3-4 month's time. EAD is not guaranteed within 90 days unless USCIS is satisifed they have received all initial evidence and these days often GC interview comes before EAD.

There's usually only one interview and GC is approved right then (pending FBI name check); people have second interviews, if there is a doubt about bonafide marriage (rare). Then there's another potential wait for FBI name check which can last anywhere from nothing to years. 2 years after GC approval, the "condition" on the LPR status needs to be removed, which is another form to file, whereupon said person then qualifies for 10 year GC.
 
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thanks austriacus

good info there, and yes she is a US citizen. I am on my OPT right now, which expires soon. When you state the "condition" of the LPR, what does that mean?
what is 'removing a condition' and all that jazz?
 
Persons who are getting their GC through marriage get what's called "conditional permanent residency." Essentially, the USCIS wants to make sure the marriage was entered into in good faith, to prevent fraudulent marriages just entered into for an immigration benefit. If it is later shown that the marriage was not entered into in good faith, said person will lose their GC, else they get a 10 year GC, that's what "removing the condition" is about.
 
thanks austriacus, once again great info :)

never knew anything about this, cause ive never looked into it. a 10 year green card, is just a permanent resident status and not a 'citizen' status correct?
 
That's correct. You are generally eligible for citizenship after 5 years of continuous permanent residency (that includes your two "conditional years"), and spouses of US citizens are even eligible after 3 years (again including the conditional years), provided they have lived in marital union with their spouse. Marital union, for this purpose, requires living together during the three years.
 
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