Neither. Whether you get a conditional card or a permanent card is determined by how long you have been married at the time USCIS grant permanent residence.
J Charles Ferrari
Eng & Nishimura
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You should normally submit both the I-130 and the I-485 at the same time. Neither one determines whether you get a conditional two-year card versus a permanent ten year card. If you have been married for less than two years when your green card is approved, you will get a two year card. If you have been married for two years or more when your green card gets approved you will get a ten year card. You should get an immigration lawyer to help you through the process. See the links below.
You do not say if you are married to a citizen or a legal permanent resident. If you are married to an LPR, you will still have a wait for a visa after filing your I-130, and can only file your I-485 when your visa becomes available.
Make a consultation appointment with an attorney in your area to learn more about the process.
Law Office of Mary K. Neal | www.immigratechicago.com | firstname.lastname@example.org| 773-681-1335
This answer is intended as public information about a legal topic. Answers posted here do not create an attorney-client relationship. For specific legal advice, please make an appointment to speak with an attorney in private.