When is it better to send the I-130 petition? 3 Answers as of March 11, 2014

My husband and I are married for a year. He just became a US citizen. He wants to sign the I-130 form so I can get my green card as his wife. As we found out if the couple is married for 2 years they are able to receive a green card for 10 years instead of the 2 year temporary one. Our 2 years anniversary is in December. What's the earliest time the I-130 can be send so we will be considered as applying for this 10 year green card? Any help and suggestions will be highly appreciated. Thanks so much!

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Law Offices of Rizwan M. Khalid
Law Offices of Rizwan M. Khalid | Rizwan Khalid
Talk to an immigration attorney to discuss the case in one on one setting.
Answer Applies to: Pennsylvania
Replied: 3/11/2014
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
It is looked at at the time of the interview not the time of filing the petition. I would suggest that you just file as soon as you can so that you can derive the benefits as soon as possible. If the marriage is bona fide, there should not be any issues with the removal of the conditional status two years after approval. Those are usually approved without an interview and just on the basis of paperwork, if the paperwork is solid. This is really because until you file, you are not protected in any way in terms of status in the US. You are subject to removal from the US. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 3/11/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Apply in October and you will be fine for the ten year green card. Otherwise, why worry about the two year green card. It is easy to convert it into the ten year one. Apply now. File the I-130 and the I-485 together.
Answer Applies to: California
Replied: 3/11/2014
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