Can my husband get 10years Green Card or first conditional Green Card is always given if approved?

Asked over 2 years ago - Flushing, NY

I am GC holder 5 years.Now I am applying for my citizenship.I got married a year ago.I did not apply for my husband's green card yet (waiting for my citizenship). My husband is here 6 years overstaying his B-1 visa (with inspection on airport). I hope I will be a citizen with the end of this year so few months after it will be our second anniversary (April 2013). If I apply for my husband's green card in the beginning of next year is it possible for him to get 10 years green card on his interview day or he could get conditional GC first?. Does two years of marriage have to be with CITIZEN or two years of marriage at all? Thank you for answer :)

Attorney answers (5)

  1. Isaul Verdin

    Contributor Level 16

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    chosen by asker

    Answered . Two years of total marriage is sufficient for 10 year permanent residency. Best of luck.

  2. Inara Khashmati

    Pro

    Contributor Level 13

    2

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    Answered . He will if at the time of the interview you are married for 2 years. Make sure you tell the officer that. But I do suggest hiring a lawyer to help you with the process. Good luck!

  3. Robert West

    Contributor Level 20

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    Answered . 2 years married at the time of approval = 10 year permanent card.

  4. Neil Ian Fleischer

    Contributor Level 20

    2

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    Answered . I agree with the other attorneys
    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  5. Jeffrey Adam Devore

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you are married for more than 2 years at the time your husband is granted permanent residence then he will be issued a permanent card. Your immigration status (LPR v. USC) is irrelevant to the determination.

    I would think long and hard about waiting to apply for your husband until you become a U.S. citizen. While you may not foresee any problems with your naturalization application, I have seen many instances where an application for naturalization is denied and the failure to have previously petitioned for the alien spouse is quite detrimental due to loss of all the time that has transpired which could have been included had a priority date been established.

    -----------
    Jeffrey A. Devore, Esq.
    Board Certified Immigration Attorney
    Devore Law Group, P.A.
    2925 PGA Blvd., Suite 204
    Palm Beach Gardens, FL 33410
    Telephone: (561) 478-5353
    Facsimile: (561) 478-2144
    Skype: jeffrey.a.devore
    email: jdevore@devorelawgroup.com
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