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Granting of Conditional Resident Status

Granting of Conditional Resident Status

Old May 27th 2001, 8:16 pm
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My husband is currently going through the immigration process at the London Embassy.

What we want to know is who actually "grants" the immigrant "conditional resident status"? Is this granted at the embassy after a successful interview or at the point of entry when the immigrant arrives in the US? In other words, who determines the 2 year conditional residency rule.

We'll be having his interview sometime around September of this year and will have been married 2 years in November of this year. This puts us AFTER the 90 day removal of status deadline but before the 2 year rule would not be applicable anymore. He will be going through his point of entry in December which is after the 2 year date of marriage in any case.

PS anyone else notice how hard it is to ask questions that make sense when it comes to immigration!?
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Old May 27th 2001, 10:21 pm
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The I-130 is approved by the US Consulate. The I-551 stamp which is the equivalent of the green card is not placed in his passport until he enters the US at the POE. At that point the I-130 is "activated" and he will receive his green card in the mail at the address listed on the I-130 that you said you will be living at when you enter the US.

The conditional part has to do with the length of your marriage and not the I-130 itself. If you are married less than two years than his status is conditional permanent resident, his green card is good for only two years and you file an I-751 for the removal of the conditions with the INS service Center for the area you live in to have the conditions removed 90 days before the expiration of the green card.

If, however, you marriage is over two years old when the I-130 is approved he will be a permanent resident and there are no conditions to be removed from the green card which will be good for ten years.

Hope this clarifies things.

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Old May 27th 2001, 10:30 pm
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BTW in case you are still confused, if the I-130 is approved before your second wedding anniversary he is conditional. If approved after he is a permanent resident without conditions. The timing of entry to the US has nothing to do with it.
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Old May 27th 2001, 10:58 pm
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I am that person whom Abeytil writes:

Thing is my I-130 was approved May 17th 2001, and our second anniversary is on November 25th. We do not leave the UK until December 14th. (providing I get the visa)

So you see the problem, how can I be given conditional status so close to the wedding anniversary. And how could they expect me to file I-751 to remove the conditions when I haven't even entered the US before my marriage is 2 years (young ).

What a confusing mess! Jeez

PrZ.

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Old May 27th 2001, 11:09 pm
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You were approved six months before your second wedding anniversary .. you should be given conditional status at the POE. Why didn't you time the I-130 interview for after your wedding anniversary instead of 6 months before it?

You remove the conditions 90 days before the expiration of the green card.

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Old May 27th 2001, 11:11 pm
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Yes but this is where I really get confused. This is what I read straight off the I-130:

...your alien spouse may be granted conditional permanent resident status in the US as of the date HE OR SHE IS ADMITTED OR ADJUSTED TO CONDITIONAL STATUS by *an officer of the INS*...

This, to me, reads that he does not actually get permanent or conditional until he is admitted to the US by immigration at POE.

Further, what I've read from the sheet sent back from the INS at the embassy in the notice of approval (I-171), is reitterated.

..."eligibility for *visa*...application to consular officer" (at embassy one would assume)..."eligibility for *admission or adjustment* is determined ...application to immigration officer" (at POE this seems)

Consular officer would be at an embassy
Immigration officer at POE
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Old May 27th 2001, 11:17 pm
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Ooo and by the way, we haven't had an I-130 interview at all...he has his visa interview sometime around sept I would guess. (we haven't sent the checklist off yet)
Just for this very reason (and the police certificate)

Abeytil - I really should post these things all at once, I'm making my own thread enormous!
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