Conditional vs permanent card, if approval takes 2+ years
Jun 4th 2009, 4:12 pm
#1
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Conditional vs permanent card, if approval takes 2+ years
Hi!
Our 1st anniversary is coming up next month! Man how time has flown by. I am wondering about what may happen when we are finally able to file 485. My case is messy and it could be many months yet before we can file that 485, it could be another year or longer before we even get to an appt.
I should explain I guess!
I entered from Canada on a valid work visa, renewed it once. Changed employees and started a new one. Shortly after receiving the new visa I started dating a USC and 7 months later married and filed the big package. The marriage started to fail before aos interview and divorced a year after, eventually leading to removal proceedings. Remarried a USC and filed a 130 while in proceedings but before court master hearing last July. Was told we could not open a new 485 until the first one was closed. Was ordered to leave voluntarily and we appealed that allowing me to stay pending a decision on that appeal. We have yet to receive a decision on the appeal or on the 130. Once we receive one or the other, or both, I understand we can then ask for the first 485 to be closed and finally, file the rest of the big package.
Does anyone have a similar experience in terms of a delayed aos and how this might affect the 2 year conditional? Do they calculate the two years from when you file the 485? Or will they maybe calculate it from when the 130 was filed? Wondering if let's say by next year this time we finally get to an interview if they will still issue a 2 year or perhaps just send us the green card? How does that work normally if from some reason it takes 2 years or more to approve?
Our 1st anniversary is coming up next month! Man how time has flown by. I am wondering about what may happen when we are finally able to file 485. My case is messy and it could be many months yet before we can file that 485, it could be another year or longer before we even get to an appt.
I should explain I guess!
I entered from Canada on a valid work visa, renewed it once. Changed employees and started a new one. Shortly after receiving the new visa I started dating a USC and 7 months later married and filed the big package. The marriage started to fail before aos interview and divorced a year after, eventually leading to removal proceedings. Remarried a USC and filed a 130 while in proceedings but before court master hearing last July. Was told we could not open a new 485 until the first one was closed. Was ordered to leave voluntarily and we appealed that allowing me to stay pending a decision on that appeal. We have yet to receive a decision on the appeal or on the 130. Once we receive one or the other, or both, I understand we can then ask for the first 485 to be closed and finally, file the rest of the big package.
Does anyone have a similar experience in terms of a delayed aos and how this might affect the 2 year conditional? Do they calculate the two years from when you file the 485? Or will they maybe calculate it from when the 130 was filed? Wondering if let's say by next year this time we finally get to an interview if they will still issue a 2 year or perhaps just send us the green card? How does that work normally if from some reason it takes 2 years or more to approve?
Jun 4th 2009, 5:28 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,683
Re: Conditional vs permanent card, if approval takes 2+ years
Very basically, the 2-year green card is issued if your marriage is less than 2 years old at the time your PR status is approved.
If your marriage is more than 2 years old at the time of approval, you get a 10-year card.
For example, if you get married on Jan 1, 2009, and then at some point file AOS, and your AOS interview happens after Jan 1, 2011 (and you're approved at that interview), then you'll get a 10-year green card. If your AOS interview happens before Jan 1, 2011 (and you get approved), you'll get a 2-year card.
Rene
If your marriage is more than 2 years old at the time of approval, you get a 10-year card.
For example, if you get married on Jan 1, 2009, and then at some point file AOS, and your AOS interview happens after Jan 1, 2011 (and you're approved at that interview), then you'll get a 10-year green card. If your AOS interview happens before Jan 1, 2011 (and you get approved), you'll get a 2-year card.
Rene
Last edited by Noorah101; Jun 4th 2009 at 5:40 pm.
Jun 4th 2009, 5:53 pm
#3
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Re: Conditional vs permanent card, if approval takes 2+ years
Very basically, the 2-year green card is issued if your marriage is less than 2 years old at the time your PR status is approved.
If your marriage is more than 2 years old at the time of approval, you get a 10-year card.
For example, if you get married on Jan 1, 2009, and then at some point file AOS, and your AOS interview happens after Jan 1, 2011 (and you're approved at that interview), then you'll get a 10-year green card. If your AOS interview happens before Jan 1, 2011 (and you get approved), you'll get a 2-year card.
Rene
If your marriage is more than 2 years old at the time of approval, you get a 10-year card.
For example, if you get married on Jan 1, 2009, and then at some point file AOS, and your AOS interview happens after Jan 1, 2011 (and you're approved at that interview), then you'll get a 10-year green card. If your AOS interview happens before Jan 1, 2011 (and you get approved), you'll get a 2-year card.
Rene
Interestingly, our 130 was sent to Vermont in July. In December Vermont decided that California needed to process it so it was transferred. My attorney told me fifo would likely start over in California. Then a month or so back California informed me it was sent to Atlanta where we would receive notice for an appointment. So, the so called clock starts over again I guess. This is why I was wondering about the aos clock, when it would start.
What about citizenship? When does the clock on that start?
Jun 4th 2009, 6:02 pm
#4
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Location: Phoenix, Arizona
Posts: 58,683
Re: Conditional vs permanent card, if approval takes 2+ years
The clock on AOS starts from when you filed the I-485.
The clock on citizenship starts from when you become a PR.
Rene
The clock on citizenship starts from when you become a PR.
Rene
Jun 4th 2009, 6:27 pm
#5
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Jun 5th 2009, 12:10 am
#6
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Conditional vs permanent card, if approval takes 2+ years
Whether you get a 2-year or 10-year card is dependent on whether or not you've been married for fewer than or more than 2 years at the time that adjustment is granted. 
I'm not sure what AOS clock you're talking about... but it has no bearing on whether you get a 2-year or 10-year card. That is solely dependent on the duration of the marriage at the time of your adjustment.
Ian
I'm not sure what AOS clock you're talking about... but it has no bearing on whether you get a 2-year or 10-year card. That is solely dependent on the duration of the marriage at the time of your adjustment.
Ian
Jun 5th 2009, 2:11 am
#7
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Location: Phoenix, Arizona
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Re: Conditional vs permanent card, if approval takes 2+ years
When you go to your AOS interview, the officer determines whether you get a 2-year or 10-year green card by the length of time you've been married....which has nothing to do with the AOS processing clock.
You're talking about 2 different things.
Rene
Jun 5th 2009, 3:08 am
#8
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Joined: Apr 2001
Posts: 46,433
Re: Conditional vs permanent card, if approval takes 2+ years
I'm going to refine Rene's post a little since you are obssessed (hehehe) with time clocks:
There are three time clocks in regards to AOS. One is for the processing starting with the filing and ending with its adjudication. The second one is for eligibility to naturalization based on your duration of time as a PR. The three is issuance of residency with and without conditions.
Number One doesn't have a fixed time. It can be from one month to one year or longer.
Number two does have a fixed time and it is as follows:
A. Naturalizing based on marriage to a US Citizen. Time clock for eligibility to file to naturalize is 3 years, minus 90 days, from the date you were approved for residency. Conditional residency or Legal residency ... it all means the same in regards to the time clock for naturalization based on marriage to a US Citizen.
B. Naturalizing based on residency alone is 5 years less 90 days from the date you were approved for residency.
Number 3
A. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has not celebrated its second anniversary, the only residency you can be approved for is conditional permanent residency (CPR).
(i) CPR time counts toward eligibility to naturalize. CPR means that you will have form I-751 90 days prior to the expiration date on your green card to prove that you are still in a valid, ongoing marriage.
B. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has celebrated its second anniversary, the only residency you can be approved for is legal permanent residency (LPR).
You must remember there is only guesstimates on how long a process takes to be adjudicated. No one here has a crystal ball. It takes as long as it takes.
There are three time clocks in regards to AOS. One is for the processing starting with the filing and ending with its adjudication. The second one is for eligibility to naturalization based on your duration of time as a PR. The three is issuance of residency with and without conditions.
Number One doesn't have a fixed time. It can be from one month to one year or longer.
Number two does have a fixed time and it is as follows:
A. Naturalizing based on marriage to a US Citizen. Time clock for eligibility to file to naturalize is 3 years, minus 90 days, from the date you were approved for residency. Conditional residency or Legal residency ... it all means the same in regards to the time clock for naturalization based on marriage to a US Citizen.
B. Naturalizing based on residency alone is 5 years less 90 days from the date you were approved for residency.
Number 3
A. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has not celebrated its second anniversary, the only residency you can be approved for is conditional permanent residency (CPR).
(i) CPR time counts toward eligibility to naturalize. CPR means that you will have form I-751 90 days prior to the expiration date on your green card to prove that you are still in a valid, ongoing marriage.
B. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has celebrated its second anniversary, the only residency you can be approved for is legal permanent residency (LPR).
You must remember there is only guesstimates on how long a process takes to be adjudicated. No one here has a crystal ball. It takes as long as it takes.
Jun 5th 2009, 4:06 am
#9
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Re: Conditional vs permanent card, if approval takes 2+ years
Thanks Rete,
I guess besides being clock obsessed I am also paranoid! It seems sometimes that uscis is stalling, with a grand scheme of creating hardship to see if our marriage will survive this mess! LOL!!!
I wonder if your statement that if it is under or over two years is a guideline or absolute, given my messy situation?
I guess besides being clock obsessed I am also paranoid! It seems sometimes that uscis is stalling, with a grand scheme of creating hardship to see if our marriage will survive this mess! LOL!!!
I wonder if your statement that if it is under or over two years is a guideline or absolute, given my messy situation?
Jun 5th 2009, 4:12 am
#10
BE Enthusiast
Joined: Jul 2007
Posts: 601
Re: Conditional vs permanent card, if approval takes 2+ years
I'm going to refine Rene's post a little since you are obssessed (hehehe) with time clocks:
There are three time clocks in regards to AOS. One is for the processing starting with the filing and ending with its adjudication. The second one is for eligibility to naturalization based on your duration of time as a PR. The three is issuance of residency with and without conditions.
Number One doesn't have a fixed time. It can be from one month to one year or longer.
Number two does have a fixed time and it is as follows:
A. Naturalizing based on marriage to a US Citizen. Time clock for eligibility to file to naturalize is 3 years, minus 90 days, from the date you were approved for residency. Conditional residency or Legal residency ... it all means the same in regards to the time clock for naturalization based on marriage to a US Citizen.
B. Naturalizing based on residency alone is 5 years less 90 days from the date you were approved for residency.
Number 3
A. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has not celebrated its second anniversary, the only residency you can be approved for is conditional permanent residency (CPR).
(i) CPR time counts toward eligibility to naturalize. CPR means that you will have form I-751 90 days prior to the expiration date on your green card to prove that you are still in a valid, ongoing marriage.
B. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has celebrated its second anniversary, the only residency you can be approved for is legal permanent residency (LPR).
You must remember there is only guesstimates on how long a process takes to be adjudicated. No one here has a crystal ball. It takes as long as it takes.
There are three time clocks in regards to AOS. One is for the processing starting with the filing and ending with its adjudication. The second one is for eligibility to naturalization based on your duration of time as a PR. The three is issuance of residency with and without conditions.
Number One doesn't have a fixed time. It can be from one month to one year or longer.
Number two does have a fixed time and it is as follows:
A. Naturalizing based on marriage to a US Citizen. Time clock for eligibility to file to naturalize is 3 years, minus 90 days, from the date you were approved for residency. Conditional residency or Legal residency ... it all means the same in regards to the time clock for naturalization based on marriage to a US Citizen.
B. Naturalizing based on residency alone is 5 years less 90 days from the date you were approved for residency.
Number 3
A. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has not celebrated its second anniversary, the only residency you can be approved for is conditional permanent residency (CPR).
(i) CPR time counts toward eligibility to naturalize. CPR means that you will have form I-751 90 days prior to the expiration date on your green card to prove that you are still in a valid, ongoing marriage.
B. If interviewed and approved for adjustment based on marriage to a US Citizen, if the marriage has celebrated its second anniversary, the only residency you can be approved for is legal permanent residency (LPR).
You must remember there is only guesstimates on how long a process takes to be adjudicated. No one here has a crystal ball. It takes as long as it takes.
Jun 5th 2009, 4:13 am
#11
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,683
Re: Conditional vs permanent card, if approval takes 2+ years
One other exception is for people who arrived in the USA on a K-1 visa. Sometimes they are given a 2-year card even though their marriage is over 2 years old. But not always.
I don't really think your "messy situation" has any bearing on whether you'll get the 2-year card or the 10-year card, since that only depends on the length of the marriage at the time of AOS adjudication. Either way, though, you will be a PR, and there is no difference between the 2-year card and the 10-year card, except that the 2-year card has further paperwork involved later, to turn it into a 10-year card. Your rights and responsibilities as a PR are the same with both.
Rene
Last edited by Noorah101; Jun 5th 2009 at 4:19 am.
Jun 5th 2009, 4:17 am
#12
Concierge
Joined: Apr 2001
Posts: 46,433
Re: Conditional vs permanent card, if approval takes 2+ years
Thanks Rete,
I guess besides being clock obsessed I am also paranoid! It seems sometimes that uscis is stalling, with a grand scheme of creating hardship to see if our marriage will survive this mess! LOL!!!
I wonder if your statement that if it is under or over two years is a guideline or absolute, given my messy situation?
I guess besides being clock obsessed I am also paranoid! It seems sometimes that uscis is stalling, with a grand scheme of creating hardship to see if our marriage will survive this mess! LOL!!!
I wonder if your statement that if it is under or over two years is a guideline or absolute, given my messy situation?
As to Rene's statement about the K-1, yes, it is in the field manuals that a K-1 can only be approved for CPR regardless of the length of their marriage. Unfortunately, not all DO do this - only a handful of offices and/or adjudicators. Our case was one. Our marriage was over 2 years at date of approval and still got the 2 year conditional card. It is no biggie. Just another form to complete, a check to write and evidence to attach. You remain a PR during the processing of the form with all the same rights and privileges and can still apply for naturalization when the time is ripe.
Last edited by Rete; Jun 5th 2009 at 4:21 am.
Jun 5th 2009, 4:46 am
#13
London Canada to Atlanta
Thread Starter
Joined: Feb 2008
Location: Near Atlanta GA
Posts: 240
Re: Conditional vs permanent card, if approval takes 2+ years
It is an absolute and written in their field manuals.
As to Rene's statement about the K-1, yes, it is in the field manuals that a K-1 can only be approved for CPR regardless of the length of their marriage. Unfortunately, not all DO do this - only a handful of offices and/or adjudicators. Our case was one. Our marriage was over 2 years at date of approval and still got the 2 year conditional card. It is no biggie. Just another form to complete, a check to write and evidence to attach. You remain a PR during the processing of the form with all the same rights and privileges and can still apply for naturalization when the time is ripe.
As to Rene's statement about the K-1, yes, it is in the field manuals that a K-1 can only be approved for CPR regardless of the length of their marriage. Unfortunately, not all DO do this - only a handful of offices and/or adjudicators. Our case was one. Our marriage was over 2 years at date of approval and still got the 2 year conditional card. It is no biggie. Just another form to complete, a check to write and evidence to attach. You remain a PR during the processing of the form with all the same rights and privileges and can still apply for naturalization when the time is ripe.
Don't mean to sound whiney about hardship, I do take full responsibility for where we are right now but ge'ez I wish things would move along!
Jun 5th 2009, 8:49 am
#15
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Conditional vs permanent card, if approval takes 2+ years
Hi!
Our 1st anniversary is coming up next month! Man how time has flown by. I am wondering about what may happen when we are finally able to file 485. My case is messy and it could be many months yet before we can file that 485, it could be another year or longer before we even get to an appt.
I should explain I guess!
I entered from Canada on a valid work visa, renewed it once. Changed employees and started a new one. Shortly after receiving the new visa I started dating a USC and 7 months later married and filed the big package. The marriage started to fail before aos interview and divorced a year after, eventually leading to removal proceedings. Remarried a USC and filed a 130 while in proceedings but before court master hearing last July. Was told we could not open a new 485 until the first one was closed. Was ordered to leave voluntarily and we appealed that allowing me to stay pending a decision on that appeal. We have yet to receive a decision on the appeal or on the 130. Once we receive one or the other, or both, I understand we can then ask for the first 485 to be closed and finally, file the rest of the big package.
Does anyone have a similar experience in terms of a delayed aos and how this might affect the 2 year conditional? Do they calculate the two years from when you file the 485? Or will they maybe calculate it from when the 130 was filed? Wondering if let's say by next year this time we finally get to an interview if they will still issue a 2 year or perhaps just send us the green card? How does that work normally if from some reason it takes 2 years or more to approve?
Our 1st anniversary is coming up next month! Man how time has flown by. I am wondering about what may happen when we are finally able to file 485. My case is messy and it could be many months yet before we can file that 485, it could be another year or longer before we even get to an appt.
I should explain I guess!
I entered from Canada on a valid work visa, renewed it once. Changed employees and started a new one. Shortly after receiving the new visa I started dating a USC and 7 months later married and filed the big package. The marriage started to fail before aos interview and divorced a year after, eventually leading to removal proceedings. Remarried a USC and filed a 130 while in proceedings but before court master hearing last July. Was told we could not open a new 485 until the first one was closed. Was ordered to leave voluntarily and we appealed that allowing me to stay pending a decision on that appeal. We have yet to receive a decision on the appeal or on the 130. Once we receive one or the other, or both, I understand we can then ask for the first 485 to be closed and finally, file the rest of the big package.
Does anyone have a similar experience in terms of a delayed aos and how this might affect the 2 year conditional? Do they calculate the two years from when you file the 485? Or will they maybe calculate it from when the 130 was filed? Wondering if let's say by next year this time we finally get to an interview if they will still issue a 2 year or perhaps just send us the green card? How does that work normally if from some reason it takes 2 years or more to approve?
DANGER, DANGER WILL ROBINSON!
In a subsequent post, you mention you have an attorney -- if your description is accurate, get a new one!
Your case is rapidly approaching FUBAR status. If your description is accurate, remedial action is needed immediately. I hope it is not too late already.
Your description is causing all types of alarm bells to go off in my head.
DANGER, DANGER WILL ROBINSON!
[BTW, the other posters here are wonderful people, but they are used to your normal run of the mill adjustment of status where the Immigration Courts are not involved.]