Conditional or Permanent green card

[matterhorn]

Hi forum,

Can you please share your thought on what kind of green card I should be trying to pursue. I got married, while by being on removal proceeding, one an a half yeard ago. This month my I 130 was approved and not I am facing an immigration court in December to close my case and continue with I-485 to obtain my green card.

If I try to request to advance the court and file I-485 now I will likely be obtaining a conditional green card as my second marriage anniversary day if April 2020. Also, there is a possibility to try to postpone the course to close my case and file for I-485 after the second anniversary, which would mean if I am approved I would obtain a permanent green card without conditions.

The first option would be possibly faster to get a conditional green card but then I will need to face 2 years probationary period and file the documents to remove the condition. The second is up to the judge of course, and who knows how fast it will be if the judge agrees to close my case on May 2020 for example.

Struggling to decide if I should wait or try to advance the court to receive temporary papers first.

[hpx3000]

You are making it too complicated for yourself. Apply now, get the conditional card, then file papers later for 10 year. I don't see a conditional card a big deal at all. Just some extra hassle. The probationary period isn't a nightmare - you go about your life and file papers 21 months later

[Enub4]

You don't need to wait to file after your anniversary, you just need to get approved after your anniversary. Of course, the problem is that you don't know how many months will take to be approved.

Do you need to wait for the court date to be able to file I-485? I guess if you file by the end of January most probably you will get approved after April 2020.

I read that someone didn't send the I-693 and didn't bring it to the interview, waited for RFE, did the physical and waited to send the form back (within limit given in the RFE), and USCIS approved the GC after the anniversary. I don't know if I could do that, I would be very nervous about the package getting lost or the application denied without RFE.

[matterhorn]

You don't need to wait to file after your anniversary, you just need to get approved after your anniversary. Of course, the problem is that you don't know how many months will take to be approved.

Do you need to wait for the court date to be able to file I-485? I guess if you file by the end of January most probably you will get approved after April 2020.

I read that someone didn't send the I-693 and didn't bring it to the interview, waited for RFE, did the physical and waited to send the form back (within limit given in the RFE), and USCIS approved the GC after the anniversary. I don't know if I could do that, I would be very nervous about the package getting lost or the application denied without RFE.

Yes, I do need to wait for the court. Although there is a possibility to advance that if I wanted, for example, get my conditional GC faster. My original court day is on December 2019 and this is when I supposed to withdraw my asylum application and file I-485 asking the judge to have my final hearing, after my second anniversary, on May or June 2020 if he is willing to do so of course.
It seems more complicated at first but then I do not need to deal with USCIS anymore.

[MrGreenCard]

Why were you in removal proceedings? Are you an arriving alien? If so you don’t have to wait you can file i485 with uscis. Look at your NTA.