For many immigrants, receiving a green card through marriage to a U.S. citizen or lawful permanent resident is an important step toward building a life in the United States. However, if you’ve been married for less than two years at the time your green card is granted, you will receive what’s known as a conditional green card. This card is valid for only two years and is meant to ensure that the marriage is bona fide and not entered into for immigration purposes.

To maintain your lawful permanent resident status, you must take timely steps to remove the conditions on your green card before it expires. Failing to do so can jeopardize your immigration status and could lead to removal proceedings. The process involves filing a Petition to Remove Conditions on Residence, and providing evidence that your marriage was entered into in good faith.

Why Is There a Conditional Green Card?

U.S. immigration law includes this two-year conditional period to deter fraudulent marriages. It provides a window of time for U.S. Citizenship and Immigration Services (USCIS) to assess whether the marriage is legitimate and ongoing. If you and your spouse are still together, you generally file the petition jointly. However, if the marriage has ended or if you’ve experienced abuse or hardship, there are special waivers available that allow you to apply on your own.

When Should You File the Petition?

You must file the petition during the 90-day period before your conditional green card expires. Missing this window can have serious consequences.  Filing on time is crucial to maintaining your status and avoiding complications.

What Evidence Do You Need to Provide?

USCIS requires strong documentation to prove the marriage was genuine. This can include joint bank account statements, lease agreements, utility bills, photos together, travel records, affidavits from friends and family, and evidence of children born during the marriage. The more detailed and consistent your evidence, the better your chances of approval.

What Happens After You File?

Once your petition is submitted, USCIS will send you a receipt notice extending your conditional status for a set period (currently up to 48 months while your case is pending). In many cases, you may be scheduled for a biometrics appointment. Some applicants may also be called for an interview.  

Can You Travel or Work During the Process?

Yes. The receipt notice, combined with your expired green card, serves as proof of your continued lawful status, allowing you to travel and work while your removal of conditions is being processed.

Critical Step for Conditional Green Card Holders

The removal of conditions process is a critical step for conditional green card holders. Being proactive, organized, and honest in your filing is essential. If you have any doubts or complications, it’s wise to consult a knowledgeable immigration attorney.

At Casais & Prias, PLLC, our legal team has extensive experience helping clients navigate complex immigration matters, including removal of conditions. For guidance tailored to your situation, contact our office at (305) 722-8015 to schedule a consultation.

FAQs About Removing Conditions on a Green Card

What if my spouse and I are no longer together?
If you’re divorced, you may still file Form I-751 on your own. You must request a waiver and show that your marriage was entered into in good faith, even if it ended before the conditions could be removed.

Do I need a lawyer to file the I-751 petition?
It’s not required, but having an experienced immigration attorney can be very helpful, especially if your case involves complications like divorce, abuse, or insufficient evidence.

Will there be an interview?
Sometimes. USCIS may waive the interview if the documentation is strong and consistent. However, if they have questions about your marriage or the evidence, they may schedule one.

How long does the process take?
Processing times vary, but it can take well over a year. 

Can I apply for citizenship while my I-751 is pending?
Yes. If you’ve been a permanent resident for at least three years and meet the other requirements, you can apply for naturalization, even if your petition to remove conditions is still pending.

What if my petition is denied?
If your petition is denied, you may be placed in removal proceedings. You would then have the opportunity to present your case before an immigration judge.

Applying for a marriage-based green card is a significant milestone, but it can also be a complex legal process filled with documentation, deadlines, and interviews. If you’re married to a U.S. citizen, working with an experienced marriage-based immigration lawyer can dramatically simplify the process, minimize delays, and reduce stress.

At Casais & Prias, PLLC, we guide couples, of all backgrounds and orientations, through every stage of the green card process with care and precision. Here’s how a qualified attorney can make a real difference.

1. Determining Eligibility and Strategy

Before filing anything, a marriage-based immigration lawyer will:

• Evaluate your immigration history 
• Confirm your eligibility for adjustment of status 
• Identify potential legal issues (e.g., prior visa overstays, unlawful presence, or criminal records) 
• Recommend the best filing path based on your situation 

Having a clear strategy from the start helps avoid costly mistakes and unnecessary delays.

2. Accurate and Complete Application Preparation

Marriage-based green card petitions involve multiple forms, including:

• Petition for Alien Relative 
• Adjustment of Status Application 
• Affidavit of Support 
• Application for Work Authorization 

A lawyer ensures each form is:

• Filled out correctly 
• Submitted with the appropriate supporting evidence 
• Organized for easy review by USCIS 

Even small errors or missing documents can lead to a Request for Evidence (RFE) or denial. An attorney helps avoid those pitfalls.

3. Gathering Strong Relationship Evidence

A key part of the green card process is proving that your marriage is legitimate, not just for immigration benefits. An immigration lawyer helps you:

• Understand what evidence USCIS looks for 
• Gather and organize documents like joint bank accounts, leases, photos, travel records, and affidavits 
• Prepare a persuasive and credible submission package 

We know what kinds of evidence strengthen a case and how to address common red flags, especially for same-sex or culturally sensitive marriages.

4. Interview Preparation and Representation

The USCIS interview is often the most intimidating part of the process. A marriage-based immigration attorney can:

• Conduct mock interviews to help you and your spouse feel prepared 
• Explain what to expect from your specific USCIS field office 
• Attend the interview with you (where permitted) to ensure proper procedure and protect your rights 

Being prepared with an attorney by your side can ease nerves and promote a smooth experience.

5. Handling Complex Issues

Immigration law is highly nuanced. A lawyer is essential for:

• Previous immigration violations or denials 
• Divorce or annulment from a prior spouse 
• Same-sex marriage challenges (such as not being “out” to family) 
• Criminal charges or arrests 
• Marriage fraud allegations 

An experienced attorney can navigate these issues carefully and legally, avoiding missteps that could result in denial or removal proceedings.

6. Staying Updated and Avoiding Delays

USCIS policies and processing times frequently change. An attorney keeps track of:

• Shifts in immigration law 
• New deadlines or document requirements 
• Best practices to avoid delays 

We proactively follow up on your case, respond to USCIS requests promptly, and ensure your file stays on track.

7. Peace of Mind Throughout the Process

Above all, having a marriage immigration lawyer means:

• You don’t have to navigate the legal system alone 
• You reduce the risk of mistakes that could delay your green card 
• You gain a trusted advocate who is dedicated to your success 

Why Choose Casais & Prias, PLLC?

With deep experience in immigration and family-based petitions, we offer personalized, strategic legal support for marriage green card cases—including LGBTQ+ couples and families with complex histories. Our team works closely with you to understand your goals and guide you through each step with professionalism, empathy, and clear communication.

To learn how we can support your case, call us at (305) 722-8015 to schedule a consultation. Let Casais & Prias help turn your marriage into a pathway to lawful permanent residence with confidence and clarity.