Ron

I had heard that if a conditional green card was not issued with 2 years of marriage
anniversary date or AOS filing, that a permanent one would be issued. If so, where
might I find a description of this ruling. I would like to read the details or be
armed with the information if they find some reason to drag our approval even
longer. Thanks

Ron

Andy Platt

The law (not a ruling) defines this, specifically section 216 of the INA:

"1) The term "alien spouse" means an alien who obtains the status of an alien
lawfully admitted for permanent residence (whether on a conditional basis or
otherwise)-

(A) as an immediate relative (described in section 201(b)) as the spouse of a citizen
of the United States,

(B) under section 214(d) as the fiancee or fiancé of a citizen of the United States,
or (C) under section 203(a)(2) as the spouse of an alien lawfully admitted for
permanent residence, by virtue of a marriage which was entered into less than 24
months before the date the alien obtains such status by virtue of such marriage,
but does not include such an alien who only obtains such status as a result of
section 203(d). "

http://www.ins.usdoj.gov/lpbin/lpext...b-1060/slb-183
3/slb-3264?f=templates&fn=document-frame.htm#slb-act216

Andy.

--
I'm not really here - it's just your warped imagination.

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Ron

Andy, Thanks. Does this mean if for some reason they delay stamping my wife's
passport the day of our interview in Febrary (e.g. file not available, fingerprint
results not in, etc. etc.) and if this delay goes another month beyond our 2nd
anniversary in March that I can press or raise an issue that this should have been
permanent? Or is the date of the interview the significant event? In my own mind ...
I guess I am seeking restitution for the long 23 month wait with all it's financial
and emotional consequences.

Thanks

Ron

I also just found this in the Q&A Section: A lawful permanent resident is given the
privilege of living and working in the United States permanently. Your permanent
residence status will be conditional if it is based on a marriage that was less than
two years old on the day you were given permanent residence. You are given
conditional resident status on the day you are lawfully admitted to the United States
on an immigrant visa or receive adjustment of status. Your permanent resident status
is conditional, because you must prove that you did not get married to evade the
immigration laws of the United States.

Andy Platt wrote:

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[usenetquote2]> > I had heard that if a conditional green card was not issued with 2 years of[/usenetquote2]
[usenetquote2]> > marriage anniversary date or AOS filing, that a permanent one would be issued. If[/usenetquote2]
[usenetquote2]> > so, where might I find a description of this ruling. I would like to read the[/usenetquote2]
[usenetquote2]> > details or be armed with the information if they find some reason to drag our[/usenetquote2]
[usenetquote2]> > approval even longer. Thanks[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Ron[/usenetquote2]

Andy Platt

It's the date they approve the permanent residency status. That won't be until they
have the file, fingerprints, etc, etc. If they have that on the day of your interview
that will be the date. Apart from "forgetting" to take something important to the
interview the date's really out of your control and there's nothing to stop them
approving your wife the day before your second anniversary which would really suck!

Andy.

--
I'm not really here - it's just your warped imagination.

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[usenetquote2]> > The law (not a ruling) defines this, specifically section 216 of the[/usenetquote2]
INA:
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > "1) The term "alien spouse" means an alien who obtains the status of an alien[/usenetquote2]
[usenetquote2]> > lawfully admitted for permanent residence (whether on a[/usenetquote2]
conditional
[usenetquote2]> > basis or otherwise)-[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > (A) as an immediate relative (described in section 201(b)) as the spouse[/usenetquote2]
of
[usenetquote2]> > a citizen of the United States,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > (B) under section 214(d) as the fiancee or fiancé of a citizen of the[/usenetquote2]
United
[usenetquote2]> > States, or (C) under section 203(a)(2) as the spouse of an alien[/usenetquote2]
lawfully
[usenetquote2]> > admitted for permanent residence, by virtue of a marriage which was[/usenetquote2]
entered
[usenetquote2]> > into less than 24 months before the date the alien obtains such status[/usenetquote2]
by
[usenetquote2]> > virtue of such marriage, but does not include such an alien who only[/usenetquote2]
obtains
[usenetquote2]> > such status as a result of section 203(d). "[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
http://www.ins.usdoj.gov/lpbin/lpext...b-1060/slb-183
[usenetquote2]> > 3/slb-3264?f=templates&fn=document-frame.htm#slb-act216[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Andy.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]
[usenetquote2]> > I'm not really here - it's just your warped imagination.[/usenetquote2]

[usenetquote2]> > > I had heard that if a conditional green card was not issued with 2[/usenetquote2]
years
[usenetquote2]> > > of marriage anniversary date or AOS filing, that a permanent one would be[/usenetquote2]
[usenetquote2]> > > issued. If so, where might I find a description of this ruling. I would like to[/usenetquote2]
[usenetquote2]> > > read the details or be armed with the information if they find some reason to[/usenetquote2]
[usenetquote2]> > > drag our approval even longer. Thanks[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Ron[/usenetquote2]
[usenetquote2]> >[/usenetquote2]