How long do you have to be married to get a 10 year green card? (2024)

How long do you have to be married to get a 10 year green card?

But if it's done a month later, after the 2-year anniversary of your marriage, then you should get a 10-year Green Card. But you'd be surprised to find out the USCIS often messes this up and sometimes sends our clients a 10-year Green Card instead of a 2-year Green Card.

Can you get 10 year green card through marriage?

If you have been married for over two years before you apply for your green card, you can receive the IR1 green card, which lasts for 10 years. If you have been married for less than two years when you apply, you will receive a CR1 green card, also known as a conditional green card. This is valid for two years.

What is the 10 year green card rule?

A ten-year green card is issued for anyone who has gained residency through an employer or your spouse (been married longer than 2 years, parent, or relative has been issued a green card. You can also receive a green card by filing a self-petition through VAWA.

How long do you have to stay married to get a green card?

In many cases, yes. Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.

Can I get a 10 year green card after getting divorced?

Getting a divorce will not affect your permanent resident status. You need to renew your permanent green card every 10 years by filing Form I-90: Application to Replace Permanent Resident Card. But there are no questions on this form about your marital or relationship status.

What happens if you marry a U.S. citizen and then divorce?

While your divorce may not affect your immigration status, it will affect the time you must wait before applying for your permanent resident status. Because you are no longer married, you will have to wait 5 years to apply, versus the 3 years if you were still married.

Can I get 10 year green card instead of 2 year?

By now you understand that there is no such thing as renewing green card after 2 years. A conditional 2-year green card holder must petition to have the conditions on residence removed so that a 10-year permanent resident card can be obtained.

Can I divorce after getting a 2 year green card?

After Approval

A divorce after a green card is issued, is very significant. In these cases, the conditional resident must file Form I-751 with a waiver to the joint filing requirement and prove to USCIS that he/she entered the marriage in good faith.

Can I get 10 years green card without interview?

It is highly unusual for USCIS or the US State Department to grant lawful permanent residency (a green card) without conducting a personal interview of the applicant. However, it does occasionally happen.

What is the 30 months rule for green card?

Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application.

Can I lose my green card if I divorce?

If you divorce and you have a permanent green card, there is typically no impact to the renewal process. When it comes time to renew your green card, you simply file Form I-90 (officially called “Application to Replace Permanent Resident Card”).

Can you get a green card immediately after marriage?

When can I apply for a green card? You can start the process to obtain a green card immediately after you have evidence of a bona fide marriage. Yes, you will definitely need a photocopy of your marriage certificate. But you'll also need to prove that you have a genuine marriage.

What is the 90 day rule for green card?

What is the 90-day rule? The 90-day rule refers to a presumption that a nonimmigrant visa holder made a willful misrepresentation at admission or application for a nonimmigrant visa when that nonimmigrant enters the U.S. and within 90 days engages in conduct that is not allowed with their nonimmigrant status.

What happens if you divorce before 2 year green card?

If an immigrant divorces before obtaining conditional residency by marriage, his or her immigration process stops. This implies the loss of eligibility to apply for a green card, which could lead to deportation. If the immigrant divorces after obtaining permanent residency, the risk of deportation is lower.

Does USCIS investigate previous marriages?

In the event that an alien previously gained an immigration benefit through marriage to a U.S. Citizen (USC) or lawful permanent resident (LPR), and then seeks to obtain a visa through another marriage to a USC or LPR, United States Citizenship and Immigration Services (USCIS) will assess the veracity of the previous ...

Can 10 years green card holder be deported?

No matter how many years have passed since your admittance to the US, you can be deported. Controlled substance offenses: In California, if convicted for the possession, distribution, or selling of illegal substances, you can be deported.

What are my rights if I marry a U.S. citizen?

A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will then have “permanent resident” status until they apply for U.S. citizenship, if they choose to do so.

Can you lose U.S. citizenship after divorce?

The only thing that'll be affected is the naturalization process; you'll need to wait for five years to start, instead of three to have your permanent green card status reviewed. During the naturalization process, you'll still need to provide evidence that your previous marriage was in good faith.

How long do you have to be married to a U.S. citizen to become one?

Living in marital union with the citizen spouse for at least 3 years at the time of filing the naturalization application; and. Applicant's spouse has U.S. citizenship from the time of filing until the time the applicant takes the Oath of Allegiance.

What happens if marriage based green card is denied?

If your marriage-based green card application was denied because you didn't prove to USCIS that you were in a bona fide marriage, you may file a motion, or you may be able to appeal to the Administrative Appeals Office (AAO).

What happens after 10 year green card expires?

You should file Form I-90 to renew your Permanent Resident Card if you were issued a card valid for 10 years that has either expired or will expire within the next 6 months. Also, if you became a permanent resident before you turned 14 years old, you are required to replace your card when you become 14 years old.

How many times can you renew your 10 year green card?

There is no limit to the number of times a Green Card can be Renewed. However, there is a filing fee required each time one applies to have his or her Green Card renewed. Sometimes, there is an alternative to repeatedly applying for a renewal of a permanent resident card.

Can my spouse cancel my green card?

Only the USCIS can officially rule against you by way of an immigration judge, however they (your spouse) could give evidence to the USCIS about you if your marriage was a sham, or you were no longer legally married, which means you have not abided by the conditions of your conditional green card and would be subject ...

What is the 5 year rule green card marriage?

If you are a legal permanent resident (“LPR”) i.e. a green card holder, you are eligible to naturalize (gain citizenship) five years after you have gained your LPR status or three years after you have gained LPR status if you are married to a U.S. citizen.

How long after divorce can you remarry for immigration?

In general, an immigrant who obtained lawful permanent resident status through marriage, who divorce and remarry, must wait five years from the date their green card status was granted before an I-130 family based petition for a new spouse will be approved.

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