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If you were given a Green Card founded on a marriage less than two years old, this only grants you conditional permanent resident status with an expiration date of two years. Within the 90-day period before your conditional Green Card expires, you must file form I-751 Petition to Remove Conditions on Residence with U.S. Citizenship and Immigration Services (USCIS).
To remove conditions on residence in the U.S., you must prove that you entered your marriage in good faith. A good faith marriage means it is a genuine marriage built on love, not one created to bypass immigration laws. You will jointly file the petition with your lawful permanent resident spouse, as the form requires both signatures.
There is no reminder from the government of your conditional Green Card expiration, so it is up to you and your spouse to remember to file the Petition to Remove Conditions on Residence within 90 days of your conditional resident status expiration date. If you fail to do so, you will lose your permanent residence status and can even be removed from the country. USCIS can send you a Notice to Appear for removal or deportation proceedings.
Using an Immigration Lawyer
Going through the process of removing conditions on your permanent resident status can be a bit confusing and intimidating. That is why Colavecchio and Colavecchio Law Office offers services to help you file the I-751 petition properly. Filing a successful petition requires you to show sufficient evidence of your marriage. Our immigration lawyers can help you get your petition approved.
Removing Conditions on Residence for My Child
Any children that obtain a Green Card based on marriage are also granted conditional permanent residence for two years. You can include your child in your application if they received their conditional Green Card at the same time or within 90 days of you receiving yours. If your child received their conditional Green Card independently or more than 90 days after you did, they must file a separate I-751 Petition.
If I am Divorced or Legally Separated From My U.S. Citizen Spouse
We know that not every marriage works out. If you are no longer married to your lawful permanent resident spouse or if divorce proceedings or a divorce complaint has been field, you’re not to worry. You will only need to request a waiver of the joint filing condition. Then you can continue to file the Petition to Remove Conditions on Permanent Residence normally.
The waiver requires you to show evidence of divorce or annulment through an authenticated copy of your divorce decree or annulment. Additionally, you have to prove that you entered the marriage in good faith.
If you and your spouse are legally separating, you will still need to provide a copy of your divorce decree or proof of annulment before the USCIS can accept your I-751 Petition. You may file the petition first, but be prepared to receive a request for documentation.
Am I a Lawful Resident After Filing the I-751 Petition and My Conditional Residence Expires?
All of the rules for applying for the removal of conditions on your residency may be overwhelming. You may be wondering what happens when your conditional Green Card expires. As long as you filed Form I-751 correctly and within the prescribed time frame, your petition will now be under review and pending. USCIS will confirm the extension of your Green Card for an 18-month period.
Documents Necessary for Filing I-751 Petition To Remove Conditions on Residence
One of the most challenging parts of filing the I-751 Petition is gathering all the correct documents to include in the application.
Here is a list of documents you’ll need to submit to U.S. Citizenship and Immigration Services along with your I-751 form:
● A copy of your Green Card (front and back)
● Proof of a good faith marriage, including childrens’ birth certificates, documents showing shared assets, a joint credit card, or affidavits from two people
● Supporting documents if you’re applying for a waiver of the joint filing requisite
● If you have a criminal history, documents of court orders (our lawyers can help with this)
● If you legally changed your name, the official court order showing the change
Any documents in a foreign language must be translated into English.
Get Assistance
The immigration lawyers of Colavecchio and Colavecchio Law Office, located in Nashville, TN, represent all of Tennessee. Our legal team can help you successfully file the I-751 Petition to Remove Conditions on Residence in a timely manner. Call us at 615-242-3333 to schedule an appointment with one of our immigration lawyers today.