Immigration 101
A Conditional Green Card is issued to foreign spouses of U.S. citizens or lawful permanent residents who have been married for less than two years when they receive their green card. This card is valid for two years and requires an extra step to remove conditions.
To get a permanent 10-year green card, the couple must file Form I-751 (Petition to Remove Conditions on Residence) within the 90 days before the card’s expiration.
Steps to Remove Conditions
File on Time: Missing the filing window can lead to status loss.
Provide Strong Evidence: Show that the marriage is ongoing and genuine.
Consider Exceptions: If divorced or in an abusive situation, filing independently may be possible.
A conditional green card requires an extra step to become permanent. By filing Form I-751 on time and providing thorough evidence, you can remove conditions and secure a 10-year green card.
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Conditional Green Cards 101:
Understanding the Two-Year Green Card and How to Remove Conditions
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A conditional green card is a type of lawful permanent resident status issued to certain spouses of U.S. citizens or lawful permanent residents who have been married for less than two years at the time their green card is approved. This “conditional” status lasts for two years, after which the foreign national must remove the conditions by filing Form I-751 (Petition to Remove Conditions on Residence) to receive a permanent 10-year green card. This guide will cover the basics of conditional green cards, eligibility requirements, and the steps to remove conditions on residence.
What is a Conditional Green Card?
A conditional green card is issued to individuals who obtain a green card through marriage but have been married for less than two years when their permanent residency is approved. This conditional status is intended to prevent marriage fraud by requiring couples to prove that their marriage is genuine, or “bona fide,” before granting permanent residence. A conditional green card is valid for two years, during which time the couple is expected to live together and establish their marital life.
Key Points About Conditional Green Cards
Validity: Conditional green cards are valid for two years, and the foreign spouse must apply to remove the conditions within 90 days before the card expires.
Purpose: The U.S. government uses conditional green cards to prevent marriage fraud by requiring applicants to show that they married for legitimate reasons rather than solely to obtain residency.
Joint Filing Requirement: To remove conditions, the couple must typically file jointly, meaning that both the U.S. citizen (or lawful permanent resident) spouse and the foreign spouse submit the petition together. There are exceptions, which we’ll cover below.
Who Needs a Conditional Green Card?
Any foreign national who receives a green card through marriage and has been married for less than two years at the time of approval will receive a conditional green card. If the couple has been married for over two years when the green card is approved, the foreign spouse will instead receive a standard 10-year green card without conditions.
This two-year rule applies regardless of whether the green card was obtained through adjustment of status within the U.S. or through consular processing abroad.
Removing Conditions on a Green Card
To transition from a conditional to a permanent green card, the foreign spouse must file Form I-751 (Petition to Remove Conditions on Residence) with U.S. Citizenship and Immigration Services (USCIS). This petition is filed within the 90-day period before the two-year conditional card expires. If USCIS approves Form I-751, the conditions on the green card are removed, and the foreign spouse receives a 10-year green card.
Important Note: Failure to remove conditions on time will result in the expiration of the green card and can lead to deportation proceedings.
Step-by-Step Guide to Removing Conditions on a Green Card
Here is an overview of each step involved in removing conditions on a marriage-based green card:
Step 1: Gather Documentation
To remove conditions, the couple must demonstrate that their marriage is legitimate. The goal is to show USCIS that the couple has been living together and sharing a life as a married couple. Collecting a wide range of documentation is essential to prove the authenticity of the marriage. This can inlcude joint bank statements, joint leases, insurance policies, and children’s birth certificates.
Step 2: Complete and File Form I-751
Form I-751, the Petition to Remove Conditions on Residence, is the primary form for this process. It must be completed accurately and include all required information about the marriage and both spouses. The form should be signed by both the U.S. citizen or lawful permanent resident spouse and the foreign spouse.
Along with Form I-751, submit the following:
Filing fee (currently $750)
Copies of the conditional green card
Copies of the couple’s joint documentation as proof of a bona fide marriage
Step 3: File Within the 90-Day Window
USCIS requires Form I-751 to be filed within 90 days before the two-year anniversary of the conditional green card’s issuance. Filing outside of this window may result in rejection or denial. If circumstances prevent timely filing, consult an immigration attorney to discuss potential options.
Step 4: Attend the Biometrics Appointment
After submitting Form I-751, USCIS will send a notice scheduling a biometrics appointment. During this appointment, the foreign spouse’s fingerprints, photograph, and signature will be taken for a background check. The appointment is usually brief and straightforward.
Step 5: Attend an Interview (If Required)
While not all applicants are required to attend an interview, USCIS may schedule one if they have additional questions or require clarification. During this interview, both spouses may be asked about their marriage, daily lives, and future plans to confirm that the marriage is genuine. Having thorough documentation and evidence can help demonstrate the authenticity of the relationship.
Step 5: Attend an Interview (If Required)
While not all applicants are required to attend an interview, USCIS may schedule one if they have additional questions or require clarification. During this interview, both spouses may be asked about their marriage, daily lives, and future plans to confirm that the marriage is genuine. Having thorough documentation and evidence can help demonstrate the authenticity of the relationship.
Removing Conditions Without a Joint Filing
In some cases, the foreign spouse may be unable to file Form I-751 jointly with their U.S. citizen or LPR spouse. USCIS recognizes certain exceptions and allows for a waiver of the joint filing requirement in specific situations, including:
Divorce or Annulment: If the marriage has ended in divorce or annulment but was entered in good faith, the foreign spouse can request a waiver of the joint filing requirement. The applicant must provide evidence that the marriage was legitimate, despite the divorce.
Abuse or Battery: If the foreign spouse or their children were subjected to abuse or battery by the U.S. citizen or LPR spouse, they can file Form I-751 independently, using this ground for waiver. Documentation such as police reports, medical records, or restraining orders can help support this claim.
Extreme Hardship: If removing the foreign spouse from the U.S. would result in extreme hardship, they may file for a waiver on this ground. The applicant must show evidence that deportation would cause significant hardship beyond what is normally expected in a separation.
What Happens After Filing Form I-751?
Once Form I-751 is filed, USCIS will send a receipt notice extending the conditional green card’s validity by 18 months. This extension allows the foreign spouse to work and travel while waiting for the I-751 to be processed.
The processing time for Form I-751 can vary, typically taking 12–24 months. USCIS will review the application, supporting documentation, and, if necessary, conduct an interview before making a decision. If approved, USCIS will issue a new 10-year green card, removing the conditional status.
Common Challenges in the Removal of Conditions Process
Frequently Asked Questions
Yes, upon filing Form I-751, USCIS will send a receipt notice extending the validity of the conditional green card for 18 months. This notice, along with the expired conditional card, allows you to work and travel during the pending period.
If the card expires and you haven’t filed Form I-751, you risk losing your lawful status and may be subject to removal. It’s important to file on time or seek legal advice if you encounter any issues.
If the marriage is ending or has ended, you may still apply to remove conditions by requesting a waiver of the joint filing requirement. Documenting that the marriage was entered in good faith is essential.
Conclusion
Removing the conditions on a green card is a critical step for conditional residents who want to establish long-term residency in the U.S. By understanding the requirements and ensuring thorough documentation, you can successfully navigate the process. If you encounter challenges or have questions, working with an experienced immigration attorney can provide additional guidance and support.
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The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.
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