Understanding the Process of Conditional Residence By Marriage

To eliminate the conditional status and pave the way for naturalization, the United States government provides a process to remove these conditions through Form I-751.

Reasoning Behind the Two-Year Conditional Period

The two-year conditional period serves as a timeframe for the U.S. Citizenship and Immigration Services (USCIS) to assess the authenticity of the marriage. While marriage fraud is uncommon, the government utilizes this period to review the genuineness of the new marriage and minimize fraudulent practices.

Process for Removing Conditional Status

Both spouses must complete and submit Form I-751, the Petition to Remove Conditions on Residence. However, there are certain circumstances where only one spouse must file the form, such as in the case of divorce or the death of the resident spouse. It is advisable to consult a green card attorney for guidance on any additional documentation required.

Spouses are required to file Form I-751 within 90 days before the conditional green card expires. A copy of the green card and the applicable filing fee must be submitted along with the form.

Evidence Required to Remove the Conditions

Various forms of documentation must accompany the form to allow the USCIS to evaluate the validity of the marriage thoroughly. Spouses must provide evidence demonstrating that the marriage is genuine and not solely for obtaining permanent resident status. Examples of such documentation include, but are not limited to:

• Photographs of the spouses, wedding ceremonies, family events, and other occasions

• Documents with both spouses' names, such as bank statements or a mortgage statement

• Birth certificates of any children born to the spouses

• Other relevant documents dating back to the start of the marriage

In certain circumstances that deviate from the standard process of removing conditions on a green card, applicants may need to submit additional documentation, including:

• Divorce documents

• Death certificates

• Explanations for filing late or separately from the spouse

• Other documents as advised by a green card attorney

Timeline for Removing Conditional Status

A conditional green card remains valid for a period of two years. At the end of the two-year period, the conditions can be removed if the Form I-751 was filed on time and approved by the USCIS.

Filing the form before the 90-day period preceding the green card's expiration will result in its return. Filing the form after the green card has expired may lead to initiation of the removal or deportation process.

If a petition to remove conditions on a conditional green card is denied, it may be due to incorrect or untimely completion, or if the USCIS suspects the marriage to be fraudulent. In such cases, seeking guidance from a green card attorney can help determine the appropriate course of action.

Seek Immigration Advice from Victoria Law

If you or your spouse requires assistance navigating the complexities of the green card and permanent residency process, our team can provide the necessary support. Our experienced green card attorney is well-versed in immigration law and can address your queries. Schedule a consultation with our firm today to discuss your case and gain clarity on the next steps. We are committed to working with you towards a positive outcome.