Green Card Valid Term?

[Slings_and_Arrows]

wow,.  just read this thread.  Let me say right away that theres pearls of wisdom all throughout this read.   I can't help but wonder now if my former marriage to a canadian gal ended because of this being in the background. 

Once obtained, how long is a green card good for?

Edited by Dan - I split this from the GCG topic. Author was referencing this topic -- http://www.russianwomendiscussion.com/index.php?topic=845.0

[William3rd]

Term of a green card-

Since 1986 if based in marriage to a US citizen- if the marriage is in existance for less than two years at the time of the approval of residency, the issuance is conditional for a period of two years. In the 90 days prior to the second anniversary of the approval, the parties are to jointly file a petition to remove the conditions. However, there are several waivers to joint filings, chief of which is that the marriage was entered into in good faith and has since been terminated. Approval of this petition gives a 10 year green card.

If the marriage is more than 2 years old at the time of the approval then the initial card will be for 10 years. THere is a lot more to this subject but this response answers the call of the question.

[Jet]

for less than two years at the time of the approval of residency, the issuance is conditional for a period of two years.

Interesting! Is this spelled out specifically somewhere in the INA portion of the CFR?
I ask because I've been told repeatedly (by USCIS) that the two year threshold for conditional/unconditional is measured from time application is recieved, and in our case it would make a big difference as we applied 1 month after marriage and currently we are married 2 years 11 months without approval yet.

[William3rd]

less than two years from the marriage to the grant, for CR status. CR status is two years and you must file within the 90 days prior to the second anniversary of the grant.

Practice hint- FREE LEAGLE EAGLE ADVICE- If the Service has not finished the I751 processing within the first YEAR of the filing of the 751, then you go ahead and file for US citizenship since eligibility for a viable relationship based on marriage starts in the 90 days prior to the third anniversary of the initial grant and they have to process the 751 even if out of order.


You need to look in the interpretive bulletins for USCIS

[Jet]

I'll certainly keep that in mind, however FIRST we need approval of the I-485  :seething:

I will snoop around the interpretive bulletins to see if I can find anything of use in our current situation though.

[William3rd]

Have you had your first interview yet? Which office has jurisdiction?

THis might be a good time to call your congressman for help.

There is also a mandamus action that can be brought in federal court demanding an immediate decision. The courts have already ruled on what consititutes excessive delays. Your delay is excessive. Keep in mind that it only forces a decision from USCIS and not an approval.

You should seek an attorney in your area to discuss mandamus. It can be expensive but there is also a shot at getting you attorneys fees back at the end.

[Jet]

Filed AoS at Miami district office 1st week of Dec 2003
Biometrics appointment last week of May 2004
Interview Jan 13 2005

At the interview we were told all paperwork was in order, we are obviously a happily married couple and they'd love to put the stamp in Lil's passport
....BUT....
The FBI had not concluded background checks yet. We mentioned that Liliya's EAD was set to expire in September, and were told "don't forget to renew it"
We have revisited USCIS Miami every 3 months since, and everyone agrees that we are WELL outside the processing times but "you know, we can't pressure FBI, they do things when they want and all you can do is wait." 
We have done the three time inquiry through the national hotline. Miami responded 8 months later with a letter stating that they'll contact us when a decision has been reached, blah, blah, blah.
We have visited our Congressmen, who in this area literally have seats lining the hallway outside the immigration liason's office due to the traffic they receive, and they couldn't (or wouldn't) do a damn thing to help other than write a letter to Miami asking for an update.

I am familiar with Mandamus (IIRC it's official title is Writ of Mandamus). I have to say I'm on the fence over that. As many new and creative ways as USCIS has found to f**k us over, I'm not entirely sure I want to poke them in the eye with a sharp stick right now, but 6 sets of EAD/AP fees (3 for her and 3 for the little guy), is getting quite old...
Wish my job paid a $720 a year bonus for me to screw up :seething:

[William3rd]

your case is ripe for mandamus. It is done out here all the time. Bet you a dolar you get your approval within 60 days of the filing. Try your congressman again and contact a newspaper if you dont want to do that. THis is a good human interest story.