Conditional residency?
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Conditional residency?
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if the marriage is less than tow years old when sponsor applied for residency, does it mean the immigrant spouse gets a conditional residency or does this only apply if they get the resident card before their two year anniversary. like if someone submits an application before the two year anniversary they get a conditional residency or do they only get a conditional residency if they get the actual resident card before the two year anniversary?
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Enzo
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Conditional residency is given to the immigrant alien when AT THE TIME OF BECOMING A GREEN CARD HOLDER, which in most cases it would the date of the interview, the immigrant and the U.S. Citizen spouse have been married for less than 2 years.The USCIS does not go by the date of submission of the green card petition to assign conditional status, they go by the length of the marriage at the time of becoming a resident. If you get assigned conditional status (a 2-year green card) then you will have to file a petition called "Removal of Conditional Status" (Form I-751: you can download it at www.uscis.gov) within 3 months prior to the expiration date of your 2-year green card. Basically, what the USCIS wants to see is that the marriage continues to be bona fide. They will require documents such as: joint leases/mortages, joint bank accounts, joint insurance policies, and any other document that will show the veracity of the marriage. The applicant can apply for U.S. citizenship 3 months before the 3rd anniversary of becoming a green card IF: 1) The applicant continues to be married to a U.S. citizen 2) The applicant has been married AND living with the U.S. citizen spouse for the past 3 years 3) the U.S. Citizen spouse has been a U.S. Citizen for the past 3 years. If not all of these 3 conditions are met, then the applicant will have to wait 5 years to apply for U.S. citizenship instead of 3. Hope this help you. |
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