Remove Conditions on Green Card Based on Marriage
Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence.
You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.
Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file Form I-751, Petition to Remove Conditions on Residence.
Generally, you may apply to remove your conditions on permanent residence if you:
Note: Refer to Form I-751 for more specific eligibility requirements
How to Apply to Remove the Conditions
You and your spouse must apply together to remove the conditions on your residence by filing Form I-751. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your green card is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
If the following applies to you The Law Office of Natalia Malyshkina strongly recommends that you work with an immigration attorney to file your paperwork.
*You Are No Longer Married To Your Spouse
*You Have Been Physically or Emotionally Abused by Your Spouse or Parent
You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.
In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.
If You Are Late In Applying To Remove The Conditions On Residence
If you fail to properly file Form I-751 within the 90-day period before your second anniversary as a conditional resident:
The Form I-751 can be filed after the 90-day period if you can prove in writing to the director of the appropriate Service Center that there was good cause for failing to file the petition on time. The director has the discretion to approve the petition and restore your permanent resident status.
How to Get a Waiver of the Requirement to File a Joint Petition
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
If You Are In Divorce Proceedings But Are Not Yet Divorced
If you are still married, but legally separated and/or in pending divorce or annulment proceedings, and:
Upon receipt of the final divorce decree or annulment within the specified time period, we will amend the petition, to indicate that eligibility has been established for a waiver of the joint filing requirement based on the termination of the marriage.
An interview may be required to demonstrate eligibility to remove the conditions on your residence. If an interview is required you will receive an appointment notice telling you when and where to appear for your interview.
More information you can find on www.uscis.gov website
Disclaimer: All materials and links posted on this website are provided to you for informational purposes only, and are not to be construed as legal advice. This website does not invite or create an attorney-client relationship and there is no such relationship between you and The Law Office of Natalia Malyshkina until an engagement agreement is signed by both you and an attorney from our law office and a retainer fee is paid. If you merely send us an e-mail or fill out appointment request form, this does not create attorney-client relationship. We suggest that you do not pursue your immigration matter without consulting an attorney.