If adding a spouse to pending I-485, will he/she receive a conditional green card or normal one?

We married 9 months ago. The I-140 is approved and I-485 pending. Waiting for priority dates to be current. Adding a spouse will entitle him/her to conditional green card of unconditional one?

Asked on September 2, 2014 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your spouse will get the same type of green card that you would be getting, which is the unconditional green card on the basis of an approved I-140 for you from your employer.  The conditional green cards are for spouses who have been married for less than 2 years when they get the green card but for marriage based cases, not employment based cases.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.