Hi, I am married to a US Citizen and we are considering applying my GC through marriage. We got married in Aug 2018 and I am currently on an H1-B. I also have an approved I-140 (EB2). I needed some clarity on 'Conditional Greencard', specifically what determines it. This will help me decide when to file. We will have been married for 2 years in Aug 2020. I have read in this and other forums that it takes 3-4 months to schedule an interview. Do we need to be married for more than 2 years when we file or can I file before the 2 year period and schedule the interview after Aug 2020 so that we will satisfy the 2-year requirement during the interview? Any help is appreciated!
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What determines whether you become a conditional permanent resident is whether you have been married for 2 years on the date you become a permanent resident. If you are doing Adjustment of Status in the US, the date you become a permanent resident is when AOS is approved. You don't really have control over the timing of the interview or approval.
This is my personal opinion and is not to be construed as legal advice.
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