What is a Conditional Green Card Based on Marriage and How to Remove the Condition?
Shawn Sedaghat, Esq.
If you’ve recently gotten married to a U.S. citizen or lawful permanent resident and received a green card, you might have been given what is called a conditional green card. But don’t worry! It’s just a regular part of the process for newlyweds. This card is valid for two years and comes with certain conditions that need to be addressed. In this article, I’m going to explain what a conditional green card is, why it exists, and what steps you need to take to remove those conditions and secure your permanent residency. Stick with me, and I’ll make sure everything is crystal clear.
What is a Conditional Green Card?
A conditional green card is a type of residency status granted to people who have been married for less than two years when their green card is approved. This card is valid for two years, and it allows you to live and work in the U.S. just like any other green card. However, because it is conditional, it means there are extra steps you need to take to maintain your permanent resident status after those two years are up.
The reason for this conditional status is simple: it’s a way for the U.S. government to ensure that the marriage is genuine. Marriage-based green cards are one of the most common ways to gain residency, and to prevent people from using sham marriages to obtain residency, the government imposes these conditions for marriages under two years.
What Happens After Two Years?
Here’s the deal: if you and your spouse are still married after two years, you’ll need to file a petition to remove the conditions and get a full permanent green card. This process allows the U.S. government to confirm that your marriage is legitimate and still ongoing. If everything checks out, you’ll be granted a green card that is valid for ten years and can be renewed indefinitely.
How to Remove the Conditions from a Conditional Green Card
To remove the conditions from your conditional green card, you need to file Form I-751, which is known as the Petition to Remove Conditions on Residence. This form must be submitted within the 90-day period before your two-year green card expires. Missing this window can cause significant problems, so make sure to mark your calendar!
When you file this form, you’ll typically do so with your spouse, as it’s a joint petition. You’ll need to provide evidence that your marriage is still valid and that you’re living together. This evidence can include documents like joint bank account statements, joint property ownership, photos of you and your spouse together, or even birth certificates of any children you’ve had together.
Filing the Petition Jointly
The process is generally straightforward if you and your spouse are still married. You’ll file Form I-751 together and include any supporting documents that show your marriage is bona fide (a real, legitimate marriage). Here’s a quick list of documents that can help prove the authenticity of your marriage:
- Joint tax returns
- Lease or mortgage agreements in both names
- Utility bills with both of your names
- Birth certificates of any children born during your marriage
- Joint bank accounts or credit cards
- Photos from holidays, family events, or vacations
- Affidavits from friends or family attesting to your marriage
If everything is in order, USCIS will process your petition, and if they have no further questions, they will approve your request, and you’ll receive your ten-year green card.
What if You Are Divorced or Separated?
Now, what happens if you’re no longer married when it’s time to file the petition? Don’t panic! You can still remove the conditions on your green card, but you will need to file a waiver of the joint petition requirement.
If you’re divorced, you can file the petition on your own. You will need to demonstrate that you entered the marriage in good faith, but it ended for legitimate reasons like irreconcilable differences or other personal issues. You’ll also need to provide evidence similar to that required in a joint filing, proving that your marriage was real while it lasted.
Special Cases for Waivers
There are also some situations where a waiver is possible if the marriage ends, or if the U.S. citizen spouse is abusive. If you fall into any of the following categories, you can still remove the conditions on your green card:
- Spouse is deceased: If your spouse passed away before the two-year period, you can file Form I-751 on your own, but you’ll need to include a copy of your spouse’s death certificate along with evidence that your marriage was bona fide.
- Divorce or annulment: You can apply for a waiver if your marriage ended due to divorce or annulment. You will need to provide proof that the marriage was entered into in good faith.
- Extreme hardship: If you can demonstrate that removing you from the U.S. would cause extreme hardship, you can apply for a waiver. This could include medical issues, financial hardship, or other personal circumstances.
- Abuse or cruelty: If you or your children were abused by your U.S. citizen spouse, you can apply for a waiver. Be prepared to provide documentation such as police reports, medical records, or protective orders.
What Happens If You Don’t File in Time?
Filing your Form I-751 on time is absolutely crucial. If you miss the 90-day filing window, your conditional green card will expire, and your green card status will automatically be terminated. This could lead to deportation proceedings, and you would need to appear in immigration court to try and resolve the issue. To avoid this, always make sure to file your petition within the specified timeframe.
If you miss the deadline, you can still submit the form, but you will need to provide a valid reason for the delay. USCIS will review your explanation and decide whether or not to accept your late filing. However, it’s always better to avoid this situation by being proactive and submitting your petition on time.
What to Expect After Filing
Once you’ve submitted your petition, the next step is to wait. USCIS will review your petition and may request additional information if needed. In some cases, you may be called in for an interview, though this is usually waived if your documentation is solid and comprehensive.
The waiting period for the removal of conditions can take several months, so don’t worry if you don’t hear back right away. While your petition is being processed, USCIS will extend your conditional green card for another year, allowing you to continue working and living in the U.S. without any issues.
Conclusion
A conditional green card is simply a temporary step in your journey toward permanent residency. The key is to stay on top of your paperwork, file Form I-751 on time, and provide strong evidence that your marriage is genuine. Whether you’re filing jointly with your spouse or on your own due to divorce or other circumstances, it’s important to understand the process and take the necessary steps to ensure a smooth transition from conditional to permanent residency.
If you ever feel unsure about the process or face complications, don’t hesitate to consult an experienced immigration attorney. They can provide you with guidance and help you navigate any challenges that arise. Remember, keeping track of deadlines and submitting the right paperwork on time can make all the difference in achieving your long-term residency goals.
FAQs
1. What happens if I don’t remove the conditions from my green card?
If you don’t file Form I-751 within the required timeframe, your conditional residency will be terminated, and you could be placed in removal proceedings. It’s crucial to file the petition on time to avoid losing your green card status.
2. Can I file to remove the conditions on my own if I’m divorced?
Yes, you can. If you are no longer married, you can apply for a waiver of the joint filing requirement. You’ll need to show that your marriage was entered into in good faith, even though it ended in divorce or annulment.
3. What documents do I need to submit with Form I-751?
You’ll need to submit proof of your ongoing marriage, such as joint bank accounts, lease agreements, utility bills, photos, and any other documentation showing that your marriage is legitimate. If you’re filing alone, you’ll need to provide evidence of your good faith marriage or other supporting documents, depending on your situation.
4. What should I do if my petition is denied?
If your petition is denied, you will receive a notice explaining the reasons. You may be able to appeal the decision or present your case in immigration court. Consulting with an immigration lawyer is highly recommended if your case faces complications.
5. How long does it take to remove the conditions on my green card?
The processing time for removing conditions can take several months. In the meantime, your conditional green card will be extended for one year, allowing you to continue working and living in the U.S. until your case is resolved.