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How long do i need to wait after marriage to file for adjustment of status ?

Austin, TX |

My husband is USC ,we have been married for a year and a half , we haven't filed for immigration yet , we had some financial problems paying for the house and paying our debt , my husband wanna wait a few more months till he has some money to have a lawyer take care of the case, and he said after two years i get the permanent green card in stead of the conditional one . is that right? is there a time range to file ?

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Attorney answers 5

Best Answer
Posted

There is no deadline that you have to file before. Also, if you have been married for two years at the time you get residence, then you will get the permanent green card instead of the conditional one. That will end up saving you money in the future, since you won't have to file to get the conditions removed.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.

Posted

although there is no time range to file, your husband is correct, if your green card is approved after you and your husband have been married for more than 2 years, you receive a permanent green card

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Posted

I agree.

Posted

My colleagues are correct.

You don't need to wait 2 years to file.

You only need to have the interview/approval take place after you've been married 2 years ... usually 5-7 months after you file.

Thus, now would be a good time to file.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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.

Posted

I agree with everything that has been said here. You only need to have been married for more than 2 years at the time of the interview, not at the time of filing. You will save money in the long run by avoiding the application to remove the conditions on your residency. I want to point out, though, that if you are currently out of status (you didn't say either way, so I just want to include this), waiting to file leaves you in a vulnerable position.