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Is it any chance, that if an officer will receive our RFE after 2 years anniversary,than she will gave us a 10 years green card?

Las Vegas, NV |

Dear Attorneys.The thing is me and my husband get married May 2 2011, it'll be 2 years next month.We had applied for 2 years green card and got our interview at February 6, 2013. Im.officer sad, that she need couple more documents .We get it RFE in a couple weeks, and a dead line to send it back - is May 6(90 days from interview)Is it any chance that if officer will receive our request after 2 years anniversary (after may 2)than she will gave us a 10 years green card instead of 2 ?

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Filed under: Green cards
Attorney answers 4


If the approval comes after 2 years of marriage, then a 10 year permanent card will be granted.


The determining date is the date you are awarded permanent residency. The LPR is conditional if it is based on a marriage that was less than 2 years old "on the day [the alien is] given permanent residence".

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


Whether you get a conditional card or a permanent card depends on how long you have been married at the time the status is granted.

J Charles Ferrari Eng & Nishimura 213.622.2255 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.



Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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