What you need to know about removing conditions on your conditional green card through marriage
Denice Flores • March 2, 2023
🥳 Congratulations! You were granted a conditional green card through your marriage.
Your conditional resident status is only valid for 2 years. In order to prevent losing lawful status in the United States, you must submit Form I-751, Petition to Remove Conditions on Residence, 90 days before your conditional green card expires. It is critical that you file Form I-751 to remove the conditions in a timely manner because if it is not, you may risk being left without status and the U.S. Department of Homeland Security may issue you a Notice to Appear and place you in removal proceedings before an Immigration Judge.
When you file the removal of condition petition, if you are still married to the same U.S. citizen or Lawful Permanent Resident spouse, you may file Form I-751 with your U.S. citizen or LPR spouse, this is called “filing jointly.” The type of evidentiary documents that you submit should be documents to show that you and your spouse share joint finances and liabilities, and any other document to show you entered the marriage in good faith and continue to be a real marriage.
If you have separated or divorced from your U.S. citizen or LPR spouse, at the time of filing the removal of conditions, you can still file Form I-751 and request a waiver under the scenarios below. Keep in mind, regardless, you must prove that you entered the marriage in good faith.
- If the U.S. citizen or LPR spouse is deceased;
- If the marriage ended through divorce or annulment;
- If you were battered or subjected to extreme cruelty by your U.S. citizen or LPR spouse; or
- If termination of your resident status and removal from the U.S. would result in extreme hardship.
If you are requesting a waiver and are filing Form I-751 individually, submit evidentiary documents to prove that the marriage was entered in good faith and also evidence of abuse, divorce, or annulment, if applicable.
Please note, once you file Form I-751, U.S. Citizenship and Immigration Services (USCIS) may require you to attend an interview to demonstrate your eligibility to remove the conditions on your residence.
If you have any questions, for example, about your specific case circumstances, the type of evidence to submit with Form I-751, and the interview process, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
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