If you were married for less than two years when you got your green card, your status as a permanent resident is temporary and will expire after two years unless you take action. These conditions are there to ensure your relationship is genuine and not just a way to get residency.
If you’re in the U.S. with a conditional green card, you can remove the conditions and secure your permanent residency status. It all starts with filing the proper paperwork before your green card expires.
How the process works
You must file to remove the conditions within 90 days before your green card expires. Missing this window can lead to serious consequences, including losing your permanent resident status and even deportation.
The process involves submitting Form I-751 (Petition to Remove Conditions on Residence). This form lets the U.S. Citizenship and Immigration Services (USCIS) know you’re asking to have the conditions removed from your marriage-based green card.
Both you and your spouse must sign and submit the petition together. You’ll also need to provide evidence that your marriage is real. This can include joint tax returns, bank accounts, credit card statements, shared living arrangements and photos, among others.
If you’re no longer married, you can request a waiver and file alone. However, you’ll need evidence showing the marriage was real but ended for valid reasons.
What next after you file?
Once USCIS receives your application, you’ll get a receipt notice confirming your green card status is extended pending the processing of your petition. You might be asked for additional information or an interview, but if everything checks out, your conditions will be removed. You will receive a 10-year green card, the final step in securing your permanent residency.
Having qualified legal guidance through removing conditions on your marriage-based green card can help ensure you do everything right and avoid mistakes that could delay the process or affect your residency status. It can give you the best chance of a smooth and successful application.