Question about getting GC via I-130 if interview 2 yrs after marriage

John T.

Registered Users (C)
#1
I have a question. I got married to my wife, who is a foreigner, overseas, in July 2007.

I applied for a Green Card via direct consular filing at the Embassy, but I've been waiting all this time since I am having difficulty finding a co-sponsor (all this time I've been living with her overseas and my income doesn't require).

My question is, if we go to the Embassy in July 2009, two years after it was initially approved, would she qualify for a ten-year green card or would be still have to do Adjustment of Status in the US once we arrive?
 

PunjabDaPuttar

Registered Users (C)
#2
Ten Years

I have a question. I got married to my wife, who is a foreigner, overseas, in July 2007.

I applied for a Green Card via direct consular filing at the Embassy, but I've been waiting all this time since I am having difficulty finding a co-sponsor (all this time I've been living with her overseas and my income doesn't require).

My question is, if we go to the Embassy in July 2009, two years after it was initially approved, would she qualify for a ten-year green card or would be still have to do Adjustment of Status in the US once we arrive?
You will be married for more than 2 years at the time ofinterview. So you will get a 10 yr card.
 

LucyMO

Registered Users (C)
#3
in a consular processing case, the time of entry with an immigrant visa determines whether she gets a conditional or an unconditional card. It's not the time of the consular interview for a visa.

If you have been married for more than two years at the time of her entry into the US with an immigrant visa, she will be an unconditional permanent resident.
 
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