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Got my 2 year green card after 22 months of being married to a USC

New York, NY |

Just got a temporary green card, I have been married for 22 months now, I thought after marriage for a certain time they issue the 10 year one instead? do I need wait 2 years again before applying for the permanent one ? and how about the citizenship does it count 3 years from the day of marriage ?

Attorney Answers 3


  1. Best answer

    To get a 10-year green card, you would need to already be married 2 years at the time you got your green card. So you missed it by two months, and yes, you need to wait two years to get the permanent green card. The three years for citizenship is from the time you got your permanent residence, that is, from now. Not from the time you got married.


  2. You thought wrong. You need to be married for 24 months at least, on the day of the decision to become an LPR, otherwise, like in your case, you are a Conditional Resident and need to petition to remove conditions 90 days prior to the third anniversary of the CR card.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  3. If your marriage is less than 24 months old, you are issued conditional residency (the 2 year card). Two years from the date of issuance on that card, you must petition to have the conditions on your residency removed. You must file the I-751 petition within 90 days prior to the expiration/2 years after issuance; so, Yes, you are right in that you need to wait 2 years to apply for the permanent one.

    As for citizenship, it counts the number of years that you have been a lawful permanent resident, including the years of conditional residency, so in your case start counting now. 3 years total are required if you are married to a USC, or 5 years for any other basis for residency or in the event of a divorce.

    DISCLAIMER: This answer is for informational purposes only under the AVVO website, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am only admitted in New York and New Jersey. Visit my site for more information: www.lawcrt.com.

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