Legal Question in Immigration Law in California
I have heard that if a foreigner gets married to U.S citizen less than 2 years, he or she will be granted a conditional green card, which is available for 2 years, and have to apply for the new green card after being expired. So, when do the USCIS count the time of the mentioned 2 year period of marriage? Do they count the date when the petitioner submit the I-130 or when the green card is issued?
2 Answers from Attorneys
Yes, a conditional resident (with a resident card valid for 2 years) MUST apply to remove conditions within 90 days period PRIOR (not after) expiration of her conditional card.
The period counts from the date of issuance of the conditional resident card (it's noted on the card itself).
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An applicant married to a US Citizen is issued a conditional green card. The card is valid for two years as of the date of its issuance. 90 days before the expiration an application for the removal of conditions on the green card has to be filed with the USCIS.
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