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

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 :)

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Attorney answers 5

Best Answer

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


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


I agree with the other attorneys

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


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!


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