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Applying for the first green card

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  • Applying for the first green card

    Hi everyone,

    So I have a peculiar question. Me and my girlfriend want to get married. She is a citizen, I am not. My attorney recommended to be martied for 2 years or a little less, and only then apply for the green card. So that I can receive a 10 year green card right away. That way we won't have to go for the interview potentially twice and we can avoid 2 year green card, and removing conditional residency process. If everything goes well and I get my 10 year green card, I can apply for citizenship next year, cause that would be 3 years of marriage.

    Now, all this seems questionable to me, beacause I didn't find any supporting material regarding what she said. Can anyone please shed some light and help eliminate my confusion.

    Thank you

  • #2
    Your questionable counsel is correct. If you are married for more than 2 years when you become a permanent resident, your permanent residency will not be subject to the conditions imposed upon new marriages.

    However, avoiding becoming a conditional permanent resident and the process of removing those conditions seems to have dubious value. Sure, you'll avoid the filing fee and potential interview (many applicants are approved without an interview), but the process is fairly painless for those whose marriages are intact. Sure, there is the risk that your marriage will disintegrate before you can remove those conditions

    However, the same risk exists that your marriage will disintegrate within 2 years if you wait to become a permanent resident after all that time. So, in that sense, the risk is the same. In fact, it is possible to remove those conditions under certain circumstances even if your marriage disintegrates within 2 years, but there is no opportunity to obtain permanent residency based on a dissolved marriage if you wait to apply

    My advice would be to get married when you want to get married, and to apply for an immigrant visa when you want to immigrate to the United States, without regard to the conditions that may be imposed on your permanent residency

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    • #3
      Originally posted by ElijahW View Post
      If everything goes well and I get my 10 year green card, I can apply for citizenship next year, cause that would be 3 years of marriage.
      No. You also need to have been a permanent resident for 3 years. So the longer you wait to apply for a green card, the longer before you can apply for naturalization.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Indeed, if you wait 2 years before applying you-re going to be 2 years without working(legally), them lest say you get aproved(10 years gc) witch is hard because you gonna have to explain how did you guys survived those 2 years non working aside from all normal questions they do so they prob gonna hit u guys hard with non regulsr questions, them you are to wait 3 years being permanent resident before applying for naturalization( if u still married) if not them 5 more, that makes 2 years+ around 1 more year to get the gc plus 3 more for naturalization and that is 6 years, i'd go with the guy below and suggest to apply for it right away and you're gonna be citizen about 2 years sooner tham what your lawyer suggested, is a good idea but is not recomended for the above reasons unless you get lucky and get a rly nice i.o at your interview.

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