Conditional or Permanent Residence GC After Interview!

[NigerianLove]

Hello everyone! I wanted to post this question I had to see if it could get answered on here! I filed for my spouse back in May 2019 and we got married in February of 2019. We just had our marriage interview yesterday! It went super well. We were separated which was nerve wracking but we knew that this office does it normally. The interviewer said I had more than “bared the burden of proof” afterwards which our lawyer said was code for bona fide. She said we had more than enough evidence. So I’m confident we will get approved. Since our initial filing date was long ago we were told at the interview that my spouse will need to get another medical appointment done so they’ll send an RFE for that unfortunately but otherwise we should be good. His medial expired a few months ago but we were not aware until yesterday. My question is since we’ve been married for more than 2 years at the time of approval would my spouse get the 10 year card? Our lawyer said that since we weren’t married more than 2 years before filing we would only get the conditional two year one. Any advice helps. Thanks!

[newacct]

Yes. If you have been married for more than 2 years on the date she becomes a permanent resident (i.e. when I-485 is approved if she is doing Adjustment of Status, or when she enters the US with her immigrant visa if she is doing Consular Processing), she becomes a non-conditional permanent resident with a 10-year card. If she gets a 2-year conditional card, that is a mistake and she can file I-90 to replace it for free due to USCIS error. For those doing Consular Processing, even if they interview when married for less than 2 years and get a CR1 visa, if it's close enough to 2 years, they can intentionally delay the entry to the US until they are married for 2 years, and they will become a non-conditional permanent resident.

[NigerianLove]

newacct thank you very much! This is what we were hoping for. This is what we thought until the lawyer told us otherwise. The reason it took so long was because USCIS made a mistake with our previously scheduled interview in 2019…. They sent the letter to an invalid address so we never got the letter and never knew we were scheduled for an interview until it was too late… case was denied.. and had to reopen in April of 2020 when covid hit…then finally had our interview in July of 2021. So hoping it will work out in our favor in the end. Has indeed been a very stressful time. But the delay in time of our case made our interview extremely Easy Bc we knew each other very well at this point in time and our answers matched perfectly when we were separated for our interview.