How to Remove Conditions on Permanent Residence Based on Marriage
Background:
Your permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. When this two-year conditional period is over, the permanent residence automatically expires and the applicant is subject to deportation and removal. To avoid this, you must file Form I-751 within 90 days or less before your conditional residence expires.
When to Apply to Remove the Conditions?
If you are still in the same marriage and you and your spouse are going to file together:
You and your spouse must apply together to remove the conditions on your residence by filing Form I-751, Petition to Remove Conditions on Residence with USICS. You should apply during the 90 days before your conditional green card expires. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. However, if you file it too early, your application will be sent back.
If you are divorced or if you have been battered or abused by your spouse:
If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
If you are a widow or widower of a marriage that was entered into in good faith:
You can apply to remove the conditions immediately. To immigrate as the widow(er) of a citizen, you must prove that you were legally married to the citizen, and that you entered the marriage in good faith, and not solely to obtain an immigration benefit.
