When a non-U.S. citizen applies for residency as the spouse of a U.S. citizen, if the couple has been married for less than two years at the time the application is approved, the non-U.S. citizen will obtain conditional permanent residency. Our Miami green card attorney outlines the process for having these conditions removed.
Conditional permanent residency is a temporary designation given to individuals who received their green card after marriage to a U.S. citizen. The status is valid for two years (24 months), and the conditional resident must file a petition to remove conditions 90 days before the two-year conditional residency expires.
The United States government offers a path to naturalization by removing these conditions with Form I-751. Here, we will discuss the role of this form and how to use it to have conditional permanent residency status removed.
Why Is The Conditional Period Two Years?
After a conditional permanent resident receives their green card, the USCIS uses these two years to evaluate a marriage to determine whether it is “bona fide” or in good faith. Marriage fraud is uncommon, but the government tries to eliminate it by affording itself this period to revisit the new marriage.
What Is The Process To Remove Conditional Status?
Both spouses must file Form I-751 or the Petition to Remove Conditions on Residence form. There are some circumstances in which both spouses do not need to fill out the form, such as divorce or the death of the resident spouse. Your Miami green card attorney can assist with any additional documents required.
Spouses must submit Form I-751 during the 90-day period before the conditional green card expires. In addition to this form, a copy of the green card must be filed, along with a filing fee.
What Evidence Is Needed To Have The Conditions Removed?
Several forms of documentation must be submitted with the form to allow the USCIS to evaluate the marriage fully. For this reason, spouses must provide evidence that shows the marriage is genuine and not only for permanent resident status. Such documentation can include, but is not limited to:
- Photos of the spouses, the wedding, family events, and other occasions
- Documents with both spouses listed, such as bank statements or a mortgage statement
- Birth certificates of any children of the spouses
- Other documents dating back to the beginning of the marriage
If there are circumstances beyond the usual green card removal of conditions, applicants may need to submit further documentation, such as:
- Divorce documents
- Death certificates
- An explanation for filing late
- An explanation for not filing with the spouse
- Other documents, as determined by your Miami green card attorney
How Long Does It Take For Conditional Status To Be Removed?
A conditional green card lasts for two years. At the end of the two years, the conditions would be removed if the I-751 form were filed on time and approved by the USCIS.
If a form is filed before the beginning of the 90-day period (from the date of green card expiration), the form will be returned. If the form is filed after the green card expires, the individual can be placed in the removal or deportation process.
If a conditional green card removal form is denied, it could be because it was not filled out correctly or on time, or the USCIS suspects that the marriage is not in good faith. Your Miami green card attorney can help determine what action should be taken next.
Casais & Prias Can Answer Your Immigration Questions
If you or your spouse needs assistance navigating the complex green card and permanent residency process, we can help. Our Miami green card attorney is skilled in all aspects of immigration law and can answer any questions. Contact our firm today to schedule a consultation. We can discuss your case and explain your next steps. We look forward to working with you.