GC 2 Yr v/s 10 yr

[mymyselfandi]

So the duration of GC that you get after 130 approval, does it depend on the length of your marriage at the time of filing your application or at the time of interview?

for eg: when i filled my application our marriage was a little bit over a year, but by the time of our potential interview (based on other people's timelines) our marriage will be over 2 year long... what should we expect the validity of my GC be at? my spouse is a USC at the time of filing.

[Stormlead86]

At the day of the interview if your marriage is 2 years or older then you will get 10 year GC. if not then you get 2 year conditional GC and need to file I751 ROC during the 21st - 24th month of having the conditional GC

for your case you might be getting 10 years GC unless your field office schedules interview really fast.

[newacct]

It's whether the marriage is 2 years old on the day you become a permanent resident. If you are doing Adjustment of Status, you become a permanent resident when AOS is approved.

If you are doing Consular Processing abroad, you become a permanent resident when you enter the US with your immigrant visa. It is not uncommon for someone to have been married for less than 2 years when doing the interview abroad and when getting the immigrant visa, and get an CR1 visa, but enter the US after 2 years of marriage, thus becoming a non-conditional permanent resident and getting an IR1 green card. If your 2 year anniversary falls within the 6 month validity period of your immigrant visa, you can intentionally delay your entry to the US until after your 2 year anniversary, in order to become a non-conditional permanent resident upon entry.