Need Clarification about Conditional Permanent Residence

[calgarygirl]

Hi All...

I've been reading about Conditional Permanent Residence and i've been reading conflicting information about this..

I am about to do Adjustment of Status. I got married to my husband Dec 31, 2015 so basically we will be hitting our 2nd year anniversary on December 31, 2017

Question on when to submit:

Does it mean that we have to apply after December 31, 2017 (Must be married two years before we sign, submit the papers and apply) OR can we apply now and the 2 years will be based when the actual green card will be issued? (lets say we apply now and we get approved on May 2018 and we will be more than 2 years by then)

(Hope my question made sense)

Thanks for the help!

[Tokz1985]

Hi All...

I've been reading about Conditional Permanent Residence and i've been reading conflicting information about this..

I am about to do Adjustment of Status. I got married to my husband Dec 31, 2015 so basically we will be hitting our 2nd year anniversary on December 31, 2017

Question on when to submit:

Does it mean that we have to apply after December 31, 2017 (Must be married two years before we sign, submit the papers and apply) OR can we apply now and the 2 years will be based when the actual green card will be issued? (lets say we apply now and we get approved on May 2018 and we will be more than 2 years by then)

(Hope my question made sense)

Thanks for the help!

If you apply for aos after your second anniversary as a married couple you will not be given a conditional green card anymore.

[Peacelilly]

Hi All...

I've been reading about Conditional Permanent Residence and i've been reading conflicting information about this..

I am about to do Adjustment of Status. I got married to my husband Dec 31, 2015 so basically we will be hitting our 2nd year anniversary on December 31, 2017

Question on when to submit:

Does it mean that we have to apply after December 31, 2017 (Must be married two years before we sign, submit the papers and apply) OR can we apply now and the 2 years will be based when the actual green card will be issued? (lets say we apply now and we get approved on May 2018 and we will be more than 2 years by then)

(Hope my question made sense)

Thanks for the help!

Conditional Green cards are given to people who at the time when their green card is approved has been married for less than two year. If you apply now and your green card is approve you will be given a 10 year green card cause your marriage would be over two years. If you had apply in 2015 and got approve you would have gotten a 2 year/conditional Green card, then you have to file to remove the condition 90 days before the 2 years is up. So yes, go ahead and apply now.

[calgarygirl]

im really confused. haha. two different response which is which...

Thanks for the response guys!

[newacct]

im really confused. haha. two different response which is which...

Thanks for the response guys!

It's determined as of the date you become a permanent resident. If on the day you become a permanent resident, you have been married for 2 years, you are a non-conditional permanent resident. If on the day you become a permanent resident, you have been married for less than 2 years, you are a conditional permanent resident.

For people who do consular processing for an immigrant visa, they become a permanent resident the moment that they enter the US with that immigrant visa. So if it is close, it is possible to time it so that they enter after 2 years of marriage.

For people doing Adjustment of Status in the US, they become a permanent resident when the AOS is approved. That date is not really in the person's control, but AOS usually takes a few months at least. If you file now, it will highly likely not be approved until after December 31. If you want to make extra sure, you can wait a month and it'll definitely not be approved in that short a time.

[calgarygirl]

It's determined as of the date you become a permanent resident. If on the day you become a permanent resident, you have been married for 2 years, you are a non-conditional permanent resident. If on the day you become a permanent resident, you have been married for less than 2 years, you are a conditional permanent resident.

For people who do consular processing for an immigrant visa, they become a permanent resident the moment that they enter the US with that immigrant visa. So if it is close, it is possible to time it so that they enter after 2 years of marriage.

For people doing Adjustment of Status in the US, they become a permanent resident when the AOS is approved. That date is not really in the person's control, but AOS usually takes a few months at least. If you file now, it will highly likely be approved after December 31.

Thank you for your response. Its the tie breaker. I guess if our anniversary is December 31, I could apply around November eh? How long is the current processing time by average.... I live in Florida.

[coffeeaddict]

im really confused. haha. two different response which is which...

Thanks for the response guys!

They said the same thing. One poster simply said if you had applied EARLIER in 2017, you probably would have gotten the 2-year conditional green card. I remember I suggested waiting in my post in your other thread. At this present time, it actually doesn't matter much. Your two-year marriage anniversary is very soon. You will have your interview AFTER your anniversary, which means you will get the 10-year GC.