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How Long Can I get Conditional Green Card?

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  • How Long Can I get Conditional Green Card?

    I've been in this country for 10 years, legally. And I've been working under H1B for 5 years, for the same company.

    I've been known this American guy for six years. We met at school, he was the professor of one of my class. We've been going out all these years, attending family parties together every year, visiting his mom in Michigan, eating out, going to movies, going to his high school reunion etc.

    Now we decide to marry soon. We plan to buy a place. We really need money. My current job is physically-demanding. The workload is overwhelming and an extremely pushing and controlling boss who thinks I owe the company due to visa sponsorship.

    I heard it usually takes about one year to get conditional GC. My worry is that: he is 25 years older than I'm. I'm 35, and he is 60 this year. Will this big age difference create any problem or possible delay?

    Both of us have decent jobs. He teaches at a good university. We have lots of pictures taken together during the 6-year going out time. Will these help?

    And how long would I be able to get conditioal GC after we get married? I really need it soon so I can find a better pay job, to afford the house and other expenses. We are in NJ.

    thanks

  • #2
    I've been in this country for 10 years, legally. And I've been working under H1B for 5 years, for the same company.

    I've been known this American guy for six years. We met at school, he was the professor of one of my class. We've been going out all these years, attending family parties together every year, visiting his mom in Michigan, eating out, going to movies, going to his high school reunion etc.

    Now we decide to marry soon. We plan to buy a place. We really need money. My current job is physically-demanding. The workload is overwhelming and an extremely pushing and controlling boss who thinks I owe the company due to visa sponsorship.

    I heard it usually takes about one year to get conditional GC. My worry is that: he is 25 years older than I'm. I'm 35, and he is 60 this year. Will this big age difference create any problem or possible delay?

    Both of us have decent jobs. He teaches at a good university. We have lots of pictures taken together during the 6-year going out time. Will these help?

    And how long would I be able to get conditioal GC after we get married? I really need it soon so I can find a better pay job, to afford the house and other expenses. We are in NJ.

    thanks

    Comment


    • #3
      In my case, I got my conditional greencard less than six months after my husband filed the petition. We got married April 2006, filed the petition May 2006, got fingerprinted June 2006, was interviewed for adjustment of status late September 2006, was informed during the interview that conditional GC was going to be issued, and received the conditional GC after one week -- first week of October.

      Maybe it's a case to case basis, but if yours is a bonafide relationship and marriage, there would be no problem -- at least, that is what I think.

      Comment


      • #4
        Once the marriage has taken place, you need to file with the USCIS I-765 among other documents. I-765 is Permission for Work Authorization. The USCIS will contact you first regarding work authorization but the processing time varies from state to state. I also have an H-1B. Got married in Aug 06, filed petition in Sep, and got my EAD card today in the mail.

        Comment


        • #5
          Hi Eilick, congratulations on getting your EAD!

          Yes, I forgot to mention that I also got my EAD and Advance Parole in July 2006, and was able to start working at my new job in August 2006.

          To M at TC -- the steps would be file I-130, I-131 (if you need it), I-485, and I-765, all at the same time -- together with the Affidavit of support from your husband, and medical examination, plus of course, the necessary fees.

          Like what was said in the other posts here, the INS officer just verifies if your marriage is bonafide -- I remember that my husband and I did not have anything under both our names except for a bank account (which we opened in August 2006), and his medical insurance under which he placed me as his beneficiary.

          But we had photographs of ourselves, with our family and friends. We were asked how come we did not have the utility bills, etc. under both our names -- why they were under my husband's name only, and my husband answered that it was because he moved here ahead of me (two months before I did, he was from CA), and that we had not gotten married yet at the time.

          I was in TX doing my training there, and in April 2006, flew to the state where we now live, to go to the job interview, got the job, and we got married two days later. We spent two weeks just buying furniture for the house, after which I flew back to TX to finish my training.

          Before I left for TX, my husband gave me all the necessary documents. I had my medical examination in TX because I had my own health insurance then, as I was covered by our training program.

          My husband stated in the I-130 that I was going to adjust status in the state where we have our house. The address that I placed in the I-485 was the address where we now live -- c/o my husband (as I was still training in TX, but planned on joining him after graduating from training).

          In May 2006, I sent everything to the Chicago lockbox. Late May 2006, I received a notice for fingerprinting at the USCIS San Antonio, TX Service Center, at the same time,my husband received a notice at our address that I was to appear for fingerprinting at the USCIS St. Louis, MO Service Center for fingerprinting, and sent me a copy of the notice by email.

          Since it was not possible for me to go to STL, I went to the service center in San Antonio, TX, and explained my dilemma to them -- I was fingerprinted and my picture was likewise taken, and both notices were stamped. They told me that there was no need for me to go to STL, and they advised me to file AR-11 within 10 days of changing my address.

          I graduated in June 2006, and my husband drove all the way to TX to help me pack all my stuff, so we can finally be together in our home in the other state.

          Anyway, back to the AOS interview -- the INS officer will ask you how you met, how long you have known each other before getting married, if the marriage was consummated, etc. and will observe how you interact with each other.

          My husband and I -- we were so funny, we came unprepared, without any practice -- my husband was asked how long we knew each other before we got married -- he said three years, then the officer turned to me, and asked me the same question, and I said, two years. My husband said that he felt that he has known me longer than two years before we got married, and he also said,"but I am sure that it was the month of September when we first met, at least I am right on the month." To which I replied, "yes, you are right on the month." The officer just smiled.

          She also asked me why I decided to move and find a job in the state where my husband is -- I said, because of him, because he's here.

          Then, we were asked to sign a paper, she took the I-94 from my passport, got some of our pictures and copied them. She also informed us that I will get a conditional GC by mail, and that we would need to file the I-751 90 days before the conditional greencard expires.

          She congratulated us and led us to the door.

          Comment


          • #6
            txgirl and eilick,

            I got it. Sounds it should not be difficult. Thanks a lot for the help and the information.

            Comment


            • #7
              Depends what state your in, Texas has a fast track system to weed out bogus marriages. Good Luck with application.

              Comment

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