Conditional Grenn Card

[birdofprey]

Hi -

I read about conditionla greencard on USCSIS website and some other forums but couldnt get an answer to my question , hopefully someone in this forum will help me.
I am on H-1B and got married in Dec 2006 to a US permanent Resident. Recently my spouse got citizenship. I am planning to apply for Greencard through my spouse but read that if the marriage is less than 2 yrs old you get a conditinal Greencard and then you have to get that condition removed later on. My question is that this 2 Year period is counted from the day of marriage to the day USCIS recives the application or the day application is approved or the day your Passport is stamped (if its stamped at all) or the day your status is adjusted. Depending on the way the 2 yrs are counted i want to start the process of applciation and all.

Thanks in advance for your help.

[Joann]

You must have missed on the information regarding your question because i am sure its on the USCIS website. Apply to remove conditions 90 days before the greencard expires. If you have the greencard you have the expiring date stated on it. So that is the date that the second year ends and this has nothing to do with your marriage dates but the day the greencard was issued. I hope you got it now!

[birdofprey]

Conditional Grren Card

Thanks for replying Joann but I still dint get my answer. I might have been unable to define my question clearly. I wanted to know 'The 2 yr period that you should be married so that you dont get conditional green card ' not the 2 yr period of conditional green card. I got married in Dec 2006 and am thinking of applying for GC, but wont complete my 2 yrs of marriage till Dec 2008. Lets say if I apply for green Card now but the case is decided or my Greencard is approved after Dec 2008, will I still get conditional GC or a GC with 10 Yr validity. My question is that this 2 yr Period (marriage should be 2 yrs old ) is counted from the day of marriage to the day USCIS recives the application or the day application is approved or the day your Passport is stamped (if its stamped at all) or the day your status is adjusted. Depending on the way the 2 yrs are counted i want to start the process of applciation and all.

[Joann]

The two year marriage is counted from the day you had the wedding. I think that the day you go for your interview and its been two years since you have been married you will get a 10yr GC. If its been less than 2 yrs you will get a 2yr GC (conditional).

The most important thing though is that the interviewing officer has to be sure that the marriage is real before he can issue that any type of GC card. I think its always good to apply immediately after getting married because at times people can wait for 2 yrs of marriage to fill and end up not getting any type of GC at all.

Whatever you decide to do all the best!

[birdofprey]

Thanks again Joann for your reply, this was exactly what i wanted to know. Now i can look at the dates, and assuming that it takes about 4 months on average to get interview date, will apply for my GC.
I understand when you say not everyone gets a GC but you have to have some problem with your application. The only reason i dont want Conditional GC is because i dont want to go through the hassle of filling more forms (there are enough to fill for GC only). Moreover, my H-1 is good for a long time so i am not in a hurry to get EAD and start working. Speaking of forms to fill , does everyone has to fill I-485 , i know i need to filll I-130 and affidavit of support and biometrics form. Also , do i need to file for EAD ( if i am willing to wait for my actual Green card before switching from H-1 ) and advance parole (if I not travelling abroad soon).
Thanks again for your replies