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I-130 2 months until we have been married for 2 years

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  • I-130 2 months until we have been married for 2 years

    Hi,

    We are currently in the process of filing our I-130 form from the UK. My wife (US citizen in the uk on a 2.5 year spouse visa) and I (British citizen) will have been married for 2 years in a couple of months. We are wondering if we need to wait until our 2 year anniversary before we complete the I-130 to get the 10 year greencard or if the length or marriage is taken into account at the point of issue of greencard.

    In a nutshell if we apply now will we get a conditional 2 year card or will it be a 10 year card because by the time our petition is processed we will have passed our 2 year anniversary?

    Thanks in advance for your help

  • #2
    It does not matter if your marriage is 2 years old or not at the moment when you apply.
    It only matters how old your marriage is when she gets her interview.
    by the time when she gets her interview it will be definitely over 2 years, so she will get 10 year greencard.

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    • #3
      10years if married for 2years at the time of appointment. You don't have to wait for 2 years married to put in the application
      3/21/18 - file (I-765, I-485, I-130) received by NBC
      4/2/18 - Received 3 receipts for 3 cases
      4/2/18 - Received biometrics appointment
      4/27/18 - biometrics complete
      7/6/18 - I-485 Ready to be scheduled for interview
      8/10/18 - EAD in Production
      8/13/18 - "We approved your case" I765
      8/16/18 - We mailed your card to you


      Field office NYC

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      • #4
        It's not at the time of the interview, but rather at the time she enters the US with her immigrant visa. Even if she gets a CR1 visa, if she is able to wait until after she's been married for 2 years before entering the US with it, she becomes a non-conditional permanent resident and gets a 10-year card with category IR1.
        Last edited by newacct; 09-29-2020, 01:17 PM.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thank you

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