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  • Conditional resident?

    My husband (an immigrant) and i got married civilly in 2011. He petitioned me under the f2-a category and is due to have an interview by December. My question is, if I'll be approved of an immigrant visa, will it be conditional or permanent since we have been married for more than 2 years?



    Also, should the port of entry only be in California, where my husband resides? Or can it be anywhere within the U.S. since I prefer to stay with my parents for a few months in another state while we prepare for our church wedding? (Since we only got married civilly)

    Thank you so much in advance.

  • #2
    Your Port of Entry can be anywhere in U.S., no requirement for being closest to your husband's location.

    You should get a 10-year card, but cards are mistakenly issued for 2-year Conditional Status fairly often even when marriages have been longer. At the Port of Entry, also, an annotation might be made in your passport that you are "conditional."

    A large number of recent arrivals received 10-year cards a few months ago, who were only eligible for Conditional Cards. They subsequently received letters to show up at a Biometrics location (Application Support Center) to "trade" their cards back for 2-year cards. When our client showed up on the specified date, the staff at the ASC didn't know anything about the "trade."

    --Ray B

    Originally posted by G-girl View Post
    My husband (an immigrant) and i got married civilly in 2011. He petitioned me under the f2-a category and is due to have an interview by December. My question is, if I'll be approved of an immigrant visa, will it be conditional or permanent since we have been married for more than 2 years?



    Also, should the port of entry only be in California, where my husband resides? Or can it be anywhere within the U.S. since I prefer to stay with my parents for a few months in another state while we prepare for our church wedding? (Since we only got married civilly)

    Thank you so much in advance.

    Comment


    • #3
      Originally posted by rayb View Post
      Your Port of Entry can be anywhere in U.S., no requirement for being closest to your husband's location.

      You should get a 10-year card, but cards are mistakenly issued for 2-year Conditional Status fairly often even when marriages have been longer. At the Port of Entry, also, an annotation might be made in your passport that you are "conditional."

      A large number of recent arrivals received 10-year cards a few months ago, who were only eligible for Conditional Cards. They subsequently received letters to show up at a Biometrics location (Application Support Center) to "trade" their cards back for 2-year cards. When our client showed up on the specified date, the staff at the ASC didn't know anything about the "trade."

      --Ray B
      Thank you for your response, Ray B. Let me just clarify, the 2 years will start from the date of marriage, and not the date your petition was filed? Hence, if your marriage is more than 2 years, you can immediately have the permanent green card?

      Also, I won't be questioned by the immigration let's say I head to guam first, even if my husband is in cali?

      Thank you!

      Comment


      • #4
        You are mixing up "two-year periods." If your marriage has been more than two years when the petition was filed, you are normally eligible for a 10-year card when your visa is approved.

        None of the immigration staff are particularly concerned about your Port of Entry being at a different part of the U.S. where your hubby lives. Ports of Entry are determined by where in the U.S. your plane first lands (usually) and where you are processed as an immigrant. This could be in Guam, Hawaii or any mainland airport.

        --Ray B

        Originally posted by G-girl View Post
        Thank you for your response, Ray B. Let me just clarify, the 2 years will start from the date of marriage, and not the date your petition was filed? Hence, if your marriage is more than 2 years, you can immediately have the permanent green card?

        Also, I won't be questioned by the immigration let's say I head to guam first, even if my husband is in cali?

        Thank you!

        Comment

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