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I-130 conditional or unconditinal???

I-130 conditional or unconditinal???

Old May 20th 2002, 4:21 pm
  #1  
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Default I-130 conditional or unconditinal???

After reading many posted threads on this forum and other news groups I am still confused about the question "conditional or unconditinal"

Can You explain me : On what the resident status depends?"

Two years from Marriage to the Date of .....???
1. I-130 is approved
2. Interview
3. Issuance Spousal Visa
4. Enter the US

Thanks,
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Old May 20th 2002, 5:56 pm
  #2  
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Default Re: I-130 conditional or unconditinal???

It is based solely and completely on the wedding date. If AOS is approved after the second wedding anniversary, then status is unconditional. If AOS is approved prior to the second wedding anniverary, it is conditional.

However, there is a catch here for those doing I-130 with the foreign spouse OUTSIDE of the US and doing the AOS at the US Consulate. In that case if the I-130 is approved prior to the second anniversary but the foreign spouse does not enter the US until after the second anniversary, then it is unconditional. It apepars that for US Consulate approval, it is not the date approved that determines status but date you enter the US for the first time on the US Consualte approved I-130.

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Old May 20th 2002, 7:20 pm
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Default Re: I-130 conditional or unconditinal???

It's all the date you become a permanent resident - by entering the US on an
immigrant visa or adjusting status in the US. On that specific date you will either
have been married for two years or you haven't. If you have, you are a permanent
resident without conditions. You'll get a ten year greencard. If you haven't (been
married two years) you'll be a permanent resident with conditions. You'll get a two
year greencard and two years (less 90 days) from that date you became a US citizen,
you must file an I-751 to get the conditions removed.

Andy.

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I'm not really here - it's just your warped imagination. "powerpoint"
<[email protected]> wrote in message news:[email protected]...
    > After reading many posted threads on this forum and other news groups I am still
    > confused about the question "conditional or unconditinal"
    >
    > Can You explain me : On what the resident status depends?"
    >
    > Two years from Marriage to the Date of .....???
    > 1. I-130 is approved
    > 2. Interview
    > 3. Issuance Spousal Visa
    > 4. Enter the US
    >
    > Thanks,
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 
Old May 20th 2002, 7:20 pm
  #4  
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Default Re: I-130 conditional or unconditinal???

Date of entry to the US if a spouse visa. For others, it is the date status
was adjusted.

Michael

powerpoint wrote:
    >
    > After reading many posted threads on this forum and other news groups I am still
    > confused about the question "conditional or unconditinal"
    >
    > Can You explain me : On what the resident status depends?"
    >
    > Two years from Marriage to the Date of .....???
    > 1. I-130 is approved
    > 2. Interview
    > 3. Issuance Spousal Visa
    > 4. Enter the US
    >
    > Thanks,
    >
    > --
    > Posted via http://britishexpats.com
 
Old May 21st 2002, 4:20 pm
  #5  
Power
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Default Re: I-130 conditional or unconditinal???

First I want to say Thank You all for helping me understand this case. I wonder if
there is any immigration law describing this situation, just in case if a INS-Officer
at POE talk me something else so I can show him.

pp
 
Old May 22nd 2002, 7:20 am
  #6  
Mrtravel
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Default Re: I-130 conditional or unconditinal???

Yes.. The INA, Immigration and Naturalization Act. A search for condition or
conditional should find it.

power wrote:
    >
    > First I want to say Thank You all for helping me understand this case. I wonder if
    > there is any immigration law describing this situation, just in case if a
    > INS-Officer at POE talk me something else so I can show him.
    >
    > pp
 
Old Jun 5th 2002, 5:20 pm
  #7  
Power
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Default Re: I-130 conditional or unconditinal???

Hello Rete, Michel and Andy!

Last week I call the US-Consulat to make sure this case, because I am in this
situation. I spoke with an Consilat-Officer. She said whether one get conditional (or
unconditional) resident status it denpends on the date of issuance of the immigrant
visa. If the visa is issued prior the second marriage anniversary, that person will
get a conditional resident status.

My wife has a consultation with a lawer too. He also told the same. If a visa is
issued prior the second marriage anniversary, that person will be a conditional
resident regardless when she/he enter the US.

Now I am completely confused ........... Hope to see your comments.
 
Old Jun 5th 2002, 5:27 pm
  #8  
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Default Re: I-130 conditional or unconditinal???

That is correct if the visa approval date and the entry into the US is prior to the second wedding anniversary. The I-130 approval at the US Consulate is not activated until you enter the US at the POE. It is at that TIME that the I-130 is effective and that will determine condition or unconditional.

A few months ago some proved just that point. They interviewed at the US Consulate in London PRIOR to the second wedding anniversary but entered the US AFTER the second wedding anniversary. The status in the passport placed there was changed by the examiner at the POE to L1R. His green card was delivered good for ten years.

Rete

Last edited by Rete; Jun 5th 2002 at 5:56 pm.
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Old Jun 5th 2002, 5:31 pm
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Default Re: I-130 conditional or unconditinal???

http://groups.google.com/groups?hl=e...b4e2955&rnum=1

The poster's name is PriZm
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Old Jun 5th 2002, 6:22 pm
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Default Re: I-130 conditional or unconditinal???

Andy,

US Citizen in 2 years less 90 days? I think your statement is correct if you delete the phrase "you became a US citizen,"

Regards, JEff

Originally posted by Andy Platt
It's all the date you become a permanent resident - by entering the US on an
immigrant visa or adjusting status in the US. On that specific date you will either
have been married for two years or you haven't. If you have, you are a permanent
resident without conditions. You'll get a ten year greencard. If you haven't (been
married two years) you'll be a permanent resident with conditions. You'll get a two
year greencard and two years (less 90 days) from that date you became a US citizen,
you must file an I-751 to get the conditions removed.

Andy.

--
I'm not really here - it's just your warped imagination. "powerpoint"
<[email protected]> wrote in message news:[email protected]...
   Â
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Old Jun 5th 2002, 7:20 pm
  #11  
Andy Platt
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Default Re: I-130 conditional or unconditinal???

"Andy Platt" <[email protected]> wrote

    > The *visa* will reflect that status. However, upon entry to the US, the
FAM
    > directs the immigration inspector to check if the status is still correct, and
    > manually update it to an IR category instead of a conditional one. Others are more
    > familiar with the FAM and may be able to say where this is stated. I can give you a
    > link to the law:

My mistake - it's not the FAM (though the FAM does refer to a letter to the immigrant
saying that if they are still married less than two years when they enter the US it
will be conditional). It's the INS POE Inspector's Manual. See this thread from a
couple of years ago:

http://groups.google.com/groups?hl=e....61059%40c01re
ad03-admin.service.talkway.com

Andy.

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Old Jun 6th 2002, 12:20 pm
  #12  
Andy Platt
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Default Re: I-130 conditional or unconditinal???

"jeffreyhy" <[email protected]> wrote:

    > > two years (less 90 days) from that date you became a US citizen, you must file
    > > an I-751 to get the conditions removed. Andy.
    > > --
    > > I'm not really here - it's just your warped imagination. "powerpoint"
    > > <[email protected]> wrote in message
    > > news:[email protected]:...netgateway.com...
    >
    > Andy,
    >
    > US Citizen in 2 years less 90 days? I think your statement is correct if you delete
    > the phrase "you became a US citizen,"

Yes of course that was an, umm, deliberate mistake designed to see who was paying
attention. The correct phrase was "two years (less 90 days) from the date you became
a permanent resident".

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Jun 6th 2002, 3:20 pm
  #13  
Power
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Default Re: I-130 conditional or unconditinal???

I hope you are right. Any way I will enter the US in october and post my own
experiences in this forum toward this case.

Thank You so much.
 
Old Jun 17th 2002, 5:20 pm
  #14  
Andy Platt
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Default Re: I-130 conditional or unconditinal???

"power" <[email protected]> wrote in message
news:[email protected]...
    > Hello Rete, Michel and Andy!
    >
    > Last week I call the US-Consulat to make sure this case, because I am in this
    > situation. I spoke with an Consilat-Officer. She said whether one get conditional
    > (or unconditional) resident status it denpends on the date of issuance of the
    > immigrant visa. If the visa is issued prior the second marriage anniversary, that
    > person will get a conditional resident status.
    >
    > My wife has a consultation with a lawer too. He also told the same. If a visa is
    > issued prior the second marriage anniversary, that person will be a conditional
    > resident regardless when she/he enter the US.
    >
    > Now I am completely confused ........... Hope to see your comments.

The *visa* will reflect that status. However, upon entry to the US, the FAM
directs the immigration inspector to check if the status is still correct, and
manually update it to an IR category instead of a conditional one. Others are more
familiar with the FAM and may be able to say where this is stated. I can give you
a link to the law:

http://www.ins.usdoj.gov/lpBin/lpext...-21/slb-3447?f
=templates&fn=document-frame.htm#slb-act216

"g) Definitions.-In this section:

(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)."

The point is, of course, that you are not lawfully admitted for permanent residence
until you enter the US.

Andy.

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

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