My husband and I were married on July 31, 2012. He got his immigrant visa and arrived in USA on January 25, 2014. We haven't paid $165 and applied for his conditonal green card yet. My question is if we wait until July (it's going to be 2 years since we got married), pay $1070 and apply for I485, will he be eligible for 10 years visa.
In your situation, the relevant date is the arrival date into the US in January 2014. From that date, you will have to wait two years in order to file the I-751 application to remove the conditional basis of residence status. You cannot shortcut the process at this time by filing papers in July 2014 on the bases of having been married two years on that date. The relevant date is the date of first arrival on a conditional resident card. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence
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