Conditional Green Card

 

Remove Conditions on Permanent Residence Based on Marriage


Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.

Eligibility


Generally, you may apply to remove your conditions on permanent residence if:
  • You are still married to the same U.S. citizen or permanent resident after 2 years
  • You are a child and cannot be included in the application of your parents for a valid reason
  • You are a widow or widower of a marriage that was entered into in good faith
  • You entered into a marriage in good faith, but the marriage was ended through divorce or annulment
  • You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse
  • The termination of your conditional resident status would cause extreme hardship to you

Apply to Remove the Conditions


You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

No Longer Married To Your Spouse or Have Been Battered or Abused by Your Spouse


If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

Child’s Conditional Green Card


If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate I-751 application if your child received conditional resident status more than 90 days after you did.

Late In Applying To Remove the Conditions on Residence


If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:
  • Your conditional resident status will automatically be terminated and removal proceedings will begin
  • You will receive a notice explaining that you have failed to remove the conditions
  • You will receive a Notice to Appear at an immigration court hearing. At the hearing you may review and rebut the evidence against you.
The Form I-751 can be filed after the 90-day period if you can prove in writing there was good cause for failing to file the petition on time. USCIS has discretion to approve the petition and restore permanent resident status.

Waiver of the Requirement to File a Joint Petition


If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint petitioning requirements if:
  • Your deportation or removal would result in extreme hardship
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

Are In Divorce Proceedings but Not Yet Divorced


If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:
  • You filed a waiver request. USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment.
  • You filed a Form I-751 petition jointly. USCIS will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.
Upon receipt of the final divorce decree or annulment within the specified time period, USCIS will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.