When a foreign national marries a U.S. citizen or permanent resident and immigrates to the U.S., they are typically granted a Conditional Permanent Resident (CPR) Card or a Permanent Resident Card (Green Card). The type of green card issued depends on the length of the marriage at the time the application is filed.

2-Year Green Card (Conditional Permanent Resident)

If the marriage is less than two years old when the foreign national enters the U.S. on an immigrant visa or when Adjustment of Status is approved, they will receive a 2-year conditional green card. This conditional status means the individual is a Conditional Permanent Resident (CPR), with the green card valid for just two years.

• Why Conditional? The U.S. government issues this temporary card as a way to prevent fraud in marriages. The idea is that the couple must prove their marriage is genuine and not for the sole purpose of obtaining immigration benefits.
• How to Remove Conditions? Before the 2-year green card expires, the couple must jointly file Form I-751 (Petition to Remove Conditions on Residence) to prove that their marriage is legitimate. If the petition is approved, the foreign national will be granted a permanent 10-year green card.

10-Year Green Card (Permanent Resident)

If the marriage is more than two years old when the foreign national enters the U.S. on an Immigrant Visa or when their Adjustment of Status petition is approved, they will be issued a 10-year green card right away. This permanent residency status doesn’t require any further proof of the relationship within the first two years.

• No Conditions: Unlike the 2-year green card, there’s no need to file Form I-751, as the marriage has already been established as lasting long enough to be considered permanent by U.S. immigration authorities.

Key Takeaways

• 2-Year Green Card: Issued if the marriage is less than two years old at the time of entry in the US or AOS is approved.
• 10-Year Green Card: Issued if the marriage is more than two years old at the time of entry in the US or AOS is approved.

PLEASE NOTE:

• Since the requirement to get a 10-year Green Card is to have been married to a US Citizen for more than two years at the time of the non-US spouse’s time of admission (that is, when they actually enter the US) and not at the time of the petition approval, the non-citizen spouse can get a 10-year green card, with no conditional period required, if they enter the country just after two years of marriage.
• It is not uncommon for the non-citizen spouse to get the wrong type of Green Card upon entry. There is no need to panic if that happens to you. If you received a 10-year green card, when you were only eligible for the 2-year conditional one, you need to treat your green card as a 2-year one regardless, and should apply for Removal of Conditions on Residence (Form I-751) 90 days before the 2-year-mark.

Understanding when and why you’ll receive a conditional or permanent green card is important for ensuring you meet the right deadlines and maintain your immigration status. At Rokas Law Office PLLC we can help guide you through the marriage-based green card process to make sure your application is seamless. Contact us today to discuss your case.