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

UPDATED: Sep 2, 2014

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 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.

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