Do you get 2-year GC or 10-year GC if approval time is after 2 year anniversary?

[kemflan]

I came to the US 7 years ago for study and work. Haven't left the country since. I got married on December 25 2013. I sent the AOS application in October 2014, and had the interview for conditional Green card on November 1, 2015, but I wasn't approved yet because the medical record has expired (Took USCIS 1 year to schedule my interview). The interviewer requested that I submit the new medical record through mail and follow up with the process by mail. I have a few questions:

1. Since my 2 year anniversary is coming up on Dec 25 2015, should I wait and submit my health record closer to that date, hoping that by the time a green card got approved, it will be the 10 year green card (because 2 years of marriage has passed)?

2. If I go a head and submit the health record ASAP, and if USCIS approve my case before 2 year anniversary, does that mean I have to wait for another 1 year and 9 months (to reach 90 days before expiration) to apply for a 10-year green card? What is the expiration date of the 2-year card likely to be in my case? Thank you.

3. If I receive the 2-year GC and approval time is after 2 year anniversary, can i appeal? Or I at that time I have to submit Form I-751 (Fee $505. Add $85 biometric fee for a total of $590)

Thank you very much!

[bandk]

If it's after 2 year anniversary it's not conditional but your situation is a bit peculiar. It might go either way. If the officer approves after receiving the medical then you should be fine but delaying is not that good of idea to me. Also the officer might use the original interview day for approval.

[kemflan]

If it's after 2 year anniversary it's not conditional but your situation is a bit peculiar. It might go either way. If the officer approves after receiving the medical then you should be fine but delaying is not that good of idea to me. Also the officer might use the original interview day for approval.

Thank you for your answer

[JPALMA123]

i would not suggest delaying anything.

I suggest you get it done and send ASAP because if they dont receive within expected time you may be causing yourself more waiting and office may even request another interview which could take many months as well.

it's way better to pay up the $590 to get conditions removed than to delay your case even more......