QUESTION
What are my options in getting a permanent residency after I got married to a US citizen?
Asked on Oct 29th, 2013 on Immigration - New York
More details to this question:
I came to USA as a student J-1 visa (2 years rule does not apply). I'm currently out of status, 3 years till now. I've got married with a permanent resident almost a year ago. A month ago my husband became a citizen of United States. Now we are trying to file I-130 petition. As it is known in this case I might receive a temporary permanent resident card for 2 years. But we heard some information that if you are married with a US citizen for 2 years and then apply for the green card you might get a permanent resident card for 10years and no need to deal with all this stuff again for replacing your temporary card. In our case, I wonder if it is better to wait until our second year anniversary and then file a petition to get the permanent resident card, or this is not for sure and its better to apply now? Is it true that if you are married with the US citizen for 2 years you are able to get a permanent resident card instead of the temporary one?
7 ANSWERS
Yes, it is true that if you are married 2 years at the time of the interview, you will get a permanent green card and not a temporary one. However, in the meantime, you will not have any status or employment authorization and be subject to removal if you do not file anything. Just being married does not accord you any status.
Answered on Nov 07th, 2013 at 9:48 AM
Adebola O. Asekun
Sure, if you wait for 2 years after marriage before you file for your green card, then, if approved, you will get a permanent green card without the necessity of filing a Form I-751 to remove the conditions. Since you have been married for about a year already, your wait is for one year instead of two. But, there are advantages and disadvantages to this strategy, For one, under either scenario, there is no guarantee your application will be approved and filing now or filing after 2 years' marriage will not make any difference if you are not qualified. Also, while you may be married now, there is no assurance that will be the case a year from now. While you wait, note that you are out of legal status and if you become target of ICE enforcement action, the agency can subject you to removal proceedings. Because, you do not become a green card holder until after your case is approved, you lose the benefit of counting the 2 year conditional status towards your US citizenship application. I suggest you speak to an experienced immigration attorney and carefully weigh the pros and cons of your strategy.
Answered on Nov 05th, 2013 at 4:35 AM
You get a 10 year card if you are married for 2 years either to a citizen or permanent resident.
Answered on Oct 30th, 2013 at 9:38 PM
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It is best to file the I-130 and I-485 and all supplemental forms and documents in one package called one-step. As long as you can show a legal entry and that you are not subject to the two-year foreign residency requirement then I would apply right away to get your work permit and get back into a legal status. If married less than two years when you are approved then it will be a 2 year PR card called conditional residency. It is not worth the risk though to be out of status for another year to wait to file. If you want a quote on representation you may contact me at the email above.
Answered on Oct 30th, 2013 at 9:37 PM
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You should file asap. Do not wait. You could get deported from the US for being here illegally. I would recommend filing for your green card now and then filing two years down the road. As long as you are still married, it is an easy process two years later. No reason to wait. Most cases only have one interview anyways.
Answered on Oct 30th, 2013 at 9:36 PM
If you marry a US citizen, you are a conditional green card holder for two years. After that, you have to petition to remove those conditions.
Answered on Oct 30th, 2013 at 9:36 PM
If your marriage is at least 2 years old, you will get a permanent green card.
Answered on Oct 30th, 2013 at 9:36 PM