When a U.S. citizen or permanent resident sponsors their spouse for a green card, the process can sometimes come with certain conditions. If you receive a conditional green card, it means your permanent residency status is valid for two years. This conditional status is in place to ensure that the marriage is legitimate and not entered into solely for the purpose of obtaining a green card. Removing these conditions is an important step toward gaining permanent residency.Â
In this blog, we’ll discuss the process of removing conditions on your green card after marriage, what to expect, and how to ensure a smooth process.
What Does It Mean to Have a Conditional Green Card?
A conditional green card is issued to individuals who have been married for less than two years at the time of their green card approval. Instead of granting permanent resident status right away, U.S. Citizenship and Immigration Services (USCIS) issues a conditional green card that is valid for two years. The main reason for this temporary status is to prevent fraud and ensure that the marriage is genuine. If you are in a valid marriage and want to stay in the U.S., you will need to remove the conditions before your green card expires.
The Process of Removing Conditions
Once you and your spouse have been married for at least two years and the conditional green card is about to expire, you need to take steps to remove the conditions and obtain a permanent green card. This is done by filing a petition with USCIS to remove the conditions. This process is done by submitting Form I-751, Petition to Remove Conditions on Residence.
Here’s a step-by-step breakdown of the process:
Prepare and File Form I-751
The first step is to file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before your conditional green card expires. You will need to submit the form along with the required documents, such as:
- Proof of a genuine marriage (e.g., joint bank accounts, joint property ownership, photographs together, tax filings, etc.)
- A copy of your conditional green card
- Any other supporting documents that prove the legitimacy of your marriage.
Attend the Biometrics Appointment
After USCIS receives your petition, they will schedule a biometrics appointment. This appointment will involve fingerprinting and photographing you for security checks. Biometrics appointments are standard and necessary to complete the background checks required for your petition.
Interview with USCIS (if required)
In most cases, USCIS will approve the petition based on the documents submitted, but some applicants may be required to attend an interview. If USCIS suspects fraud or wants more information about your relationship, they may ask for an interview. During the interview, both spouses will be questioned about their marriage and their relationship. Be prepared to answer questions and provide any additional documentation that supports the legitimacy of your marriage.
Receive the Decision
After reviewing your petition and any evidence you have provided, USCIS will either approve or deny your petition. If your petition is approved, the conditions will be removed, and you will receive a 10-year permanent resident card. If USCIS denies your petition, you may face removal proceedings, and it’s important to consult an immigration attorney to understand your options.
Key Requirements to Remove Conditions on Your Green Card
There are a few critical requirements to keep in mind when filing Form I-751. You must show that your marriage is real and not fraudulent, and you need to provide strong evidence of this. Below are some key requirements to consider:
Joint Petition
You and your spouse must jointly file the petition. If you are unable to file together (due to divorce, abuse, or other circumstances), you may apply for a waiver. A waiver may also be available if your spouse has passed away or if you were a victim of abuse during the marriage.
Timing
File the petition during the 90-day period before your conditional green card expires. Filing too early or too late could cause delays or complications with your case.
Proof of a Bona Fide Marriage
USCIS wants to confirm that your marriage is legitimate. You’ll need to submit evidence showing that you and your spouse share a life together. This can include joint financial documents, proof of living together, and photographs. Make sure that the evidence is clear and organized.
Waiver of the Joint Petition Requirement
If you cannot file jointly with your spouse, you may apply for a waiver. Common reasons for seeking a waiver include:
- Divorce: If the marriage ends before the conditions are removed, you can apply for a waiver.
- Abuse: If you experienced domestic violence or extreme cruelty during the marriage, you may be eligible for a waiver.
- Death of the Spouse: If your spouse passed away before the petition could be filed, you can apply for a waiver.
Common Mistakes to Avoid
While the process of removing conditions on your green card is straightforward, there are some common mistakes that applicants should be aware of to avoid delays or denials:
- Missing the 90-Day Filing Window: You must file Form I-751 within 90 days before your conditional green card expires. Filing too early or too late can create issues and cause delays in the process.
- Incomplete or Incorrect Documentation: Make sure you provide all the required documents and that they are accurate. Missing documents or errors on the form can delay your petition. USCIS requires thorough evidence, and the more complete and organized your petition is, the smoother the process will be.
- Failing to Include Evidence of a Bona Fide Marriage: One of the most common mistakes is not providing enough evidence of your marriage. Without this proof, USCIS may suspect that the marriage was entered into fraudulently.
- Not Responding to USCIS Requests: If USCIS requests additional information or documentation, make sure to respond quickly and thoroughly. Failing to do so can result in the denial of your petition.
What Happens if You Don’t Remove the Conditions?
If you fail to remove the conditions on your green card, your permanent resident status will not be granted, and you may lose your right to stay in the United States. Additionally, you may face deportation if you do not take action before your conditional green card expires. If you are unable to file jointly with your spouse, it’s critical to apply for a waiver and provide the necessary documentation to prove your case.
Talk to a Green Card Attorney You Can Trust
Removing the conditions on your green card after marriage is a critical step in securing permanent resident status in the U.S. By filing Form I-751, submitting the required evidence, and attending biometrics appointments—and possibly an interview—you can successfully transition to permanent residency.
This process can be complex, and it’s important to follow each step carefully to avoid common mistakes. If you encounter any challenges along the way, don’t hesitate to seek guidance from a skilled immigration attorney. At Saavedra & Perez Law, we are dedicated to helping you navigate the removal of conditions on your green card, ensuring a smooth transition and bringing you one step closer to your future in the U.S. With our support, you can approach this important step with confidence.