10yr GC Question

[Shae]

I know that after your 2nd anniversary you will be eligible for a 10yr GC. How close to your 2nd anniversary can it be granted or do you have to physically be at the 2yr mark at the time of your interview

[longee94]

You file the I-751 90 days before the expiry of your conditional green card. Processing times are glacial, but USCIS will extend your LPR status until it is adjudicated. Its also worth noting that you can apply for naturalization 90 days before you complete the 3 year permanent residence requirement, which often speeds up the process.

[UScitizenFilingforspouse]

I know that after your 2nd anniversary you will be eligible for a 10yr GC. How close to your 2nd anniversary can it be granted or do you have to physically be at the 2yr mark at the time of your interview

The date of the interview is not the marker here. It's how long you've been married on the day that your case is adjudicated. So to be clear.
10-01-16 - Marriage
03-01-17 - Priority Date
08-01-18 - I-485 Interview. Decision cannot be made on that date due to expired medical. Wait for RFE in mail
08-21-18 - RFE received by applicant. You have 90 days to respond to RFE
10-01-18 - Delivered RFE response with updated I-693 to Field Office - left in dropbox.

So in this made up example, you would be eligible for the 10 year green card. Sometimes it helps letting the officer know that your 2 year anniversary is just a month away or even 2 months away. I've read of people who bring a mountain of evidence to the interview, and mention that to the officer. Several times it's happened that the officer has said "Hmm, well, I can "lose" your file for a month or two here and then you will get your 10 year green card". In another instance, the officer learned the anniversary was coming up and told the couple to return on the date of the anniversary to get their approval. Mind you, the officer will be more inclined to do this if you have all your bases covered.

Our 2 year anniversary is 08-2019. We have not done the I-693. Well, if the interview is scheduled before the 2 year anniversary, we will just show up with another 20 lbs of evidence. We submitted 13lbs with the AOS applications. OR who knows? I am forgetful sometimes. So who's to say we won't forget the I-693 at home?