Petition to Remove Conditions on Residence
What is Conditional Green Card?
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.
What Evidence do I need to remove conditions on my permanent residence or green card?
When applying to remove the conditions on residence or green card (Form I-751), it’s crucial to provide strong and convincing evidence that your marriage is genuine and not a sham for immigration purposes. USCIS wants to ensure that the marriage was entered into in good faith. Here is a list of typical evidence that can support your petition to remove conditions:
- Documents Showing Joint Financial Responsibility:
- Joint bank account statements.
Joint credit card statements. - Mortgage or lease agreements in both names.
- Joint utility bills (e.g., gas, electricity, water).
- Joint insurance policies (e.g., health, auto, life).
- Joint bank account statements.
- Evidence of Shared Living Arrangements:
- Lease agreements or mortgage documents for the marital residence.
- Utility bills or rental receipts in both names.
- Correspondence addressed to both spouses at the same address.
- Documentation of Joint Assets:
- Titles for jointly owned property or vehicles.
- Receipts for major joint purchases (e.g., furniture, appliances).
- Evidence of Joint Social and Recreational Activities:
- Photographs of the couple together with family and friends.
- Invitations, cards, or letters addressed to both spouses.
- Travel itineraries and boarding passes showing joint trips.
- Affidavits from Friends and Family:
- Sworn statements (affidavits) from family members, friends, or colleagues who are aware of the genuine nature of your marriage.
- Birth Certificates of Children Born to the Marriage:
If applicable, provide birth certificates of children born to the marriage as evidence of a shared life. - Communication Records:
- Copies of emails, letters, or text messages exchanged between you and your spouse.
Call logs or phone records showing frequent communication.
- Copies of emails, letters, or text messages exchanged between you and your spouse.
- Tax Records:
- Copies of jointly filed federal income tax returns (Form 1040) for the duration of the conditional residency period.
- Additional Evidence:
Any other documents or evidence that demonstrate the bona fide nature of the marriage and your ongoing commitment to each other.
Remember that USCIS may schedule an interview to further evaluate the authenticity of your marriage, so be prepared to answer questions about your relationship. It’s crucial to provide comprehensive, consistent, and convincing evidence to support your petition to remove conditions.
Can I file form I-751 (Petition to Remove Conditions on Residence) without my spouse?
While the standard process for filing Form I-751, Petition to Remove Conditions on Residence, involves both spouses filing jointly, there are circumstances in which you may be able to file the petition without your spouse. You can request a waiver of the joint filing requirement in certain situations. These situations include:
Spouse Is Deceased: If your spouse has passed away, you can file Form I-751 with a request for a waiver based on the death of your spouse. You’ll need to provide the death certificate as evidence.
Divorce or Annulment: If you have gotten a divorce or had your marriage annulled since receiving conditional permanent residence, you can file Form I-751 on your own. In this case, you will need to provide a copy of the divorce decree or annulment documentation.
Spouse Abused You: If you are a victim of spousal abuse or extreme cruelty by your U.S. citizen or lawful permanent resident spouse, you can request a waiver of the joint filing requirement. In this situation, you may file Form I-751 on your own, and you’ll need to provide evidence of the abuse along with a request for a waiver.
Marriage Termination Not Your Fault: If you can demonstrate that the termination of your marriage was not your fault or was due to circumstances beyond your control, you may be eligible for a waiver.
Good Faith Marriage: In some cases, if you entered into the marriage in good faith but it ultimately ended in divorce or annulment, and you can provide evidence of the good faith nature of the marriage, you may be eligible to request a waiver.
When requesting a waiver of the joint filing requirement, it is essential to provide strong and convincing evidence that supports your claim.
Can I file form I-751 again if my petition is denied?
If the I-751 petition is denied, the alien can refile and include additional evidence that their case should be reconsidered. However, this is only an option if after the denial the alien did not receive an NTA or Notice to Appear. If the petition is denied again, the alien cannot make any more appeals.
If the DHS issues a Notice to Appear (NTA) to a conditional green card holder, he or she must present his or her claims before an immigration judge. However, he or she cannot submit any new evidence or add new eligibility grounds, such as extreme hardship. For example, if you include on the form I-751 that you were “battered” or “subject to extreme cruelty,” you cannot claim “extreme hardship” in the immigration court. Therefore, you should include as many eligibility grounds as possible.
Can I file N-400 (Application for Naturalization) while a jointly filed I-751 petition is pending?
Yes, you can file Form N-400, Application for Naturalization, while a jointly filed Form I-751, Petition to Remove Conditions on Residence, is pending. Filing for naturalization does not prevent you from pursuing the removal of conditions on your green card simultaneously. However, there are some important considerations:
Eligibility: To be eligible to file Form N-400, you generally must meet the following requirements:
Be a lawful permanent resident (green card holder).
Have been a lawful permanent resident for at least 5 years (or 3 years if married to a U.S. citizen).
Have continuously resided in the U.S. as a lawful permanent resident for the required period.
Have been physically present in the U.S. for a specific number of days during the required period.
Be a person of good moral character.
Important Links for Related Visas
Please click the links below to learn the details about other work visas.
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Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
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