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Is my spouse eligible to apply for a permanent green card or does she only qualifies for a conditional green card?

Memphis, TN |

I am a US citizen. My wife came to the US about a month ago and we have been married three years. Is she eligible to apply for a permanent green card or does she only qualifies for a conditional green card? It took three years for our case to get approved and for my wife to receive a visa.

Since at the time my wife entered the US it had been 3 years that we are married will we under go a green card interview or it's just a matter of applying for the 10 year green card? Also my wife's visa interview took place in July 2010 on the letter it stated the Preference Category: CR1 - CONDITIONAL SPOUSE OF U.S. CITIZEN.

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Attorney answers 3

Posted

If the couple has been married for more than 2 years at the time the foreign national first enters the US on an immigrant visa or at the time their application for Adjustment of Status in the US is approved then the foreign national should receive a 10-year permanent resident card. If they have been married for less than 2 years at that time then they should receive a 2-year conditional card.

Ari Sauer
The Immigration Answer Man
Siskind Susser Law Firm
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www.visalaw.com/ari
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Posted

I agree with my colleague.

Please click the link below for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

Since you have been married for more than two years, she would receive the permanent card.

You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

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.