People who want to stay in the United States permanently must apply for green cards. A green card, or permanent resident card, is what makes an indefinite stay in the United States possible. However, the actual card itself does not remain valid in perpetuity. The permanent resident must renew their documentation every 10 years. In some cases, they may need to take action sooner.
Those who obtain green cards through marriage may receive conditional green cards that they must renew after just two years. Why do new spouses of citizens receive conditional green cards instead of permanent green cards?
Concerns about marriage fraud are widespread
Green cards secured through marriage are among the easiest ways to legally enter the United States. As such, people who bring their fiancés into the country for marriage and those who recently married a foreign national often cannot obtain permanent green cards for their spouses.
The conditional green card that they can obtain is only valid for two years unless the marriage has already lasted at least two years. The foreign national spouse must submit a petition to the United States Citizenship and Immigration Services (USCIS) to remove the conditions from their status so that they can replace their conditional green card with a traditional one.
That process requires that they prove that they still meet the criteria for securing the conditional green card. In other words, they must still be married. After removing the conditional status, divorce and other changes to family circumstances should not have any bearing on the permanent resident’s future rights.
Working with an immigration attorney to secure a green card for a spouse and remove conditional status can streamline the process. Those hoping to marry a partner from another country may need to learn about the law to ensure that they follow all appropriate procedures.