When you and your spouse say “I do,” you may look back to your wedding day as the happiest day of your life. However, obtaining your green card will likely be a close second, as it allows you to legally reside in the United States. It’s important to understand that there are two different kinds of green cards you can be issued following your marriage based on the unique circumstances of your union. As such, it’s important to understand the difference between these cards and the steps you’ll need to take to adjust your status. Keep reading to learn more about these complex issues and the importance of discussing your circumstances with Fairfax County green card lawyers.
When Is a Two-Year Green Card Issued as Opposed to a Ten-Year?
When you marry an American citizen as a foreign national, you are eligible to obtain a green card when you enter the United States. However, the kind of green card you obtain will depend on the circumstances of your marriage.
Generally, you will receive a two-year green card if your marriage is less than two years old upon your entry to the country or when your change of status is approved by the United States Citizenship and Immigration Services (USCIS). Because your status as a lawful permanent resident is limited to two years, you are technically considered a conditional pertinent resident. This is the system set in place by the government to prevent marriages solely for immigration purposes.
A ten-year green card, on the other hand, is issued to a spouse who enters the country or applies for an adjustment when the marriage has lasted more than two years.
How Do I Obtain a Ten-Year Permanent Residency?
As mentioned, you are eligible for lawful permanent resident status after two years of marriage. However, you’ll need to take steps to obtain this right.
One option is to simply wait two years before entering the country. This allows you to obtain a ten-year green card immediately upon your arrival into the country. However, as many couples do not want to live apart for two years during this period, there are steps to change your conditional residence to permanent status.
When your two-year green card is 90 days from expiring, you and your spouse can file Form I-751, Petition for Removal of Conditions on Residence. It’s imperative to understand that this must be filed within the 90-day period, as filing too early can result in the application going unreviewed. You should also note that you must submit evidence that your marriage is legitimate. This includes photographs, financial statements showing your intertwined assets, and even children born during this time.
As you can see, the process of obtaining a ten-year green card and permanent residency can be difficult. That is why it’s in your best interest to connect with an experienced immigration attorney to help guide you through this process. At Goel & Anderson, our team understands that these matters can be particularly complicated, which is why we are dedicated to helping you through these complicated matters. When you need assistance, our firm is here. Contact us today to learn how we can fight for you.
