No if you are married less than 2 years at the time your I-485 is approved then you will get a 2 year conditional green card and will need to file the I-751 jointly (or by yourself with a waiver) within the 90 days period before it expires.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
No ... sorry ... the law requires 2 years ... at a minimum ... from the day the 2 year card was issued.
There are waivers/exceptions in the case of physical/mental abuse or genuine loss of affection.
Meet with a lawyer to discuss this in private.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- firstname.lastname@example.org -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
No. Unless you will be married for at least 2 years on the day you appear for your scheduled I-485 (green card) interview at USCIS, all you will get is a temporary green card valid for only 2 years from date of issuance. If that will be the case, you will then have to file the application to "remove" the conditions on your temporary GC, the soonest 3 months before its expiration date. You will be able to "jointly" file together with your USC spouse, OR on your own, if you will be divorced by that time.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Criminal Defense Attorney
It is possible if you stay legally married in a bona fide relationship meeting all required legal provisions to remove the two year condition attached that such LPR status.
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