Removing Conditions on Permanent Residence Based on Marriage

• Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident. We give you conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident.

• Your status is conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. To remove conditions, you must file Form I-751, Petition to Remove Conditions on Residence.

• You cannot file Form I-90 to renew your Permanent Resident Card (Green Card) if you are a conditional permanent resident.

 

Eligibility Criteria

Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called “filing jointly”) if:

• You are still married to the same U.S. citizen or lawful permanent resident after two years;* or

• Your parent is still married to the same U.S. citizen spouse or lawful permanent resident after two years and you are not included in your parent’s Form I-751.

You may file Form I-751 without your U.S. citizen or lawful permanent resident spouse or stepparent if:

• The U.S. citizen or lawful permanent resident spouse or stepparent is deceased, and you entered the marriage in good faith;*

• You married in good faith, but the marriage ended through divorce or annulment;* 

• You married in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse;*

• Your parent married in good faith, but you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident stepparent or parent; or

• The termination of your status and removal from the United States would result in extreme hardship.

*If you are a conditional permanent resident spouse, you may include your conditional permanent resident children in your petition if they received their status either at the same time as, or within 90 days, of you.

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How to Apply to Remove the Conditions

• If you are required to file jointly, you and your spouse or stepparent must apply together to remove the conditions on your residence by filing Form I-751.

 

When to Apply to Remove the Conditions

• You must file your Form I-751 during the 90-day period immediately before your conditional residence expires if you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse. The expiration date on your Green Card is also the date of your second anniversary as a conditional permanent resident. If you do not apply to remove the conditions in time, you could lose your conditional permanent resident status and potentially be removed from the country.

• Use our Filing Calculator to determine your 90-day filing date.

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If You File Outside of the 90-Day Period

If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional permanent resident, we will:

• Automatically terminate your conditional permanent resident status and will begin removal proceedings against you;

• Send you a notice telling you that you have failed to remove the conditions; and

• Send you a Notice to Appear at a hearing. At the hearing, you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements (we are not responsible for proving that you did not comply with the requirements).

If you file your Form I-751 after the 90-day period, you must include a written explanation as to why you are filing late. We will determine whether there was good cause for the failure to file your Form I-751 within the required time period.

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How to Get a Waiver of the Requirement to File a Joint Petition?

You can apply to waive the joint filing requirement under certain circumstances.

If you are unable to apply with your spouse or stepparent to remove the conditions on your residence, you may request a waiver of the joint filing requirement at any time before, during, or after the 90-day period immediately before your conditional residence expires. You may request consideration of more than one waiver provision at a time.

You may request a waiver of the joint filing requirements if:

• Your deportation or removal would result in extreme hardship;

• You or your parent entered into the marriage in good faith, and not to circumvent immigration laws, but your spouse or stepparent subsequently died;

• You entered into your marriage in good faith, and not to circumvent 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 circumvent immigration laws, but during the marriage you or your child were battered or subjected to extreme cruelty committed by your U.S. citizen or lawful permanent resident spouse, and you were not at fault in failing to file a joint petition; or

• Your parent entered into the marriage in good faith, and not to circumvent immigration laws, but during marriage you were battered or subject to extreme cruelty by your parent or your U.S. citizen or lawful permanent resident stepparent.

 

If you are in Divorce Proceedings but are 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, we will issue a Request for Evidence (RFE) specifically asking for a copy of the final divorce decree or annulment, if applicable.

• If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and you filed a Form I-751 jointly, we will issue an 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 Form I-751 treated as a waiver.

• After we receive the final divorce decree or annulment within the specified time period, we will amend the petition to indicate you have established you are eligible to apply for a waiver of the joint filing requirement based on the termination of the marriage.

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Work Permit & Travel

• As a conditional permanent resident, you receive a Green Card valid for two years. This card proves that you have the right to live and work in the United States during the initial two-year period.

• If you file Form I-751 on time, your receipt notice will extend the validity of your conditional permanent resident status for 18 months. If your Form I-751 is still pending and you need evidence of your status after the initial 18-month extension, you must call the USCIS Contact Center at 800-375-5283 to schedule an info pass appointment.

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What is the Attorney's Assistance in a Family Immigration Case? 

• An attorney can assist you by making sure that the petitions and applications are filled out properly. 

• He will make sure that all necessary documentations are submitted in a timely manner. 

• Prepare for the interview and attend the interview with applicant and/or petitioner to make sure that all facts and legal arguments are properly presented to the immigration officer. 

 

FEATURED EXPERIENCE:

Successfully completed more than seventy-five (75) Removal of Conditions cases.

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Contact Us 

To discuss your Removal of Conditions case with an experienced Jacksonville immigration attorney from Gjoka Law Firm, feel free to contact us by email at ardian@gjokalawfirm.com or call us at 904-351-8749.

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