Asked in Immigration Law

Q: Get a non conditional visa 2 years after the marriage, the petition or the approval of the immigrant visa?

USCIS announced they will furlough most of their staff. That will probably slow the processing of our F2A petition. Besides, there are more COVID cases in the USA than in my home country. In this context, is it a good idea to wait a bit longer to enter the USA late enough to avoid a CONDITIONAL green card? I heard USCIS will increase its fees, so I want to avoid applying to remove conditions by waiting a few weeks more. Im not sure if the 2 year rule counts after the marriage date, the petition date or the approval of the immigrant visa date.

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2 Lawyer Answers
Liliana Gallelli
Liliana Gallelli
Answered
  • Immigration Law Lawyer
  • Vallejo, CA

A: The 2 year conditional period begins upon approval of the green card/immigrant visa. You can apply to remove the conditions 90 days before the 2 year anniversary on form I-751.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: USCIS may furlough personnel by the beginning of August 2020 if Congress does not provide additional funding. Additionally, USCIS wants to increment the filing fees to bolster their revenue. USCIS has frittered its funds in the past few years with activities and programs that are not entirely devoted to adjudicating applications and petitions filed by stakeholders.

As to a conditional resident status, keep in mind that if you have been married for less than 2 years at the time of adjudication of the request for your resident status then you will be granted the conditional status.

Stephen Arnold Black agrees with this answer

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