Conditional permanent residence or conditional green card is a status granted to certain immigrants, typically spouses of U.S. citizens or lawful permanent residents, who have been married for less than two years at the time they are granted their green card (lawful permanent resident status). This status is designed to ensure that the marriage is bona fide and not solely for the purpose of obtaining immigration benefits.

On this page, we will discuss why someone will receive a conditional green card, how to remove conditions on permanent residence, different eligibility grounds, required evidence for bona fide marriage, what if the I-751 is denied, and filing an N-400 while the I-751 is pending.

• Initial Grant of Conditional Permanent Residence: When a foreign national marries a U.S. citizen or lawful permanent resident and their marriage is less than two years old at the time they are approved for a green card, they are given “conditional” permanent resident status. This status is valid for two years.
• Petition to Remove Conditions: In the 90 days before the expiration of the two-year conditional status, with some exceptions as discussed below, the couple must jointly file a petition (Form I-751, Petition to Remove Conditions on Residence) with U.S. Citizenship and Immigration Services (USCIS) to have the conditions removed from the foreign spouse’s permanent residence. This is done to prove that the marriage is genuine and not just for immigration purposes.
• Evidence of a Bona Fide Marriage: When filing the petition to remove conditions, the couple must provide evidence of their bona fide marriage. This can include joint financial documents, photos, affidavits from family and friends, and other proof of their genuine relationship.
• Interview and Review: USCIS may conduct an interview with the couple as part of the review process. If USCIS is satisfied that the marriage is legitimate, they will remove the conditions on the foreign spouse’s permanent residence.
• Grant of Permanent Residence: If the petition to remove conditions is approved, the foreign spouse will receive a 10-year green card, granting them permanent resident status without conditions. This allows them to live and work in the U.S. without the need for further renewal.

It is important to note that if the couple divorces or separates before the conditional status is removed, the foreign spouse may still be eligible to have the conditions removed, but they will need to apply for a waiver based on certain grounds, such as showing that the marriage was entered into in good faith but ended due to circumstances beyond their control.

Conditional permanent residence is a way for U.S. immigration authorities to ensure the authenticity of marriages and prevent marriage fraud for immigration purposes.