The Law Office of Natalia Malyshkina                          

BUSINESS IMMIGRATION AND NATIONALITY LAW OFFICE                                  

San Francisco Office: 100 Pine Street, Suite 1250, San Francisco, CA 94111                     

Silicon Valley Office: 750 Menlo Avenue, Suite 200, Menlo Park, CA 94025       Call us today (415) 240-0083

 
 

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.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if you:

  • Are still married to the same U.S. citizen or permanent resident after 2 years. You may include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did;
  • Are a child and, for a valid reason, cannot be included in your parents’ application;
  • Are a widow or widower who entered into your marriage in good faith;
  • Entered into a marriage in good faith, but the marriage ended through divorce or annulment; or
  • Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

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:

  • Your conditional resident status will automatically be terminated and immigration will begin removal proceedings against you
  • You will receive a notice from immigration telling you that you have failed to remove the conditions
  • You will receive a Notice to Appear at a hearing. At the hearing you may review and rebut the evidence against you. You are responsible for proving that you complied with the requirements 

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:

  • Your deportation or removal would result in extreme hardship
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you or your child were battered by, or subjected to extreme cruelty committed by your U.S. citizen or permanent resident spouse, and you were not at fault in failing to file a joint petition

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:

  • You filed a waiver request. Immigration will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment (if applicable).
  • You filed a Form I-751 petition jointly. Immigration will issue a request for evidence (RFE) specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing petition treated as a waiver.

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.

Interview

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 

You can contact our law office if you need help removing conditions from your green card. Online consultations are available. 

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.