Removing Conditions on Your Marriage Green Card

If you received your green card through marriage and it's valid for only two years, that means it's a conditional green card. Think of it as a temporary step before getting your permanent, 10-year green card. To get that permanent card, you need to file Form I-751, Petition to Remove Conditions on Residence.

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The purpose of this process is to ascertain that your marriage was genuine and not solely for the purpose of evading U.S. immigration laws. 

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There are two primary ways to file Form I-751: Joint Filing and Filing with a Waiver (Individual Filing). The appropriate method depends on your marital status and circumstances.

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What Is Joint Filing?

This is the most common method and requires you to file the petition together with your U.S. citizen or lawful permanent resident spouse through whom you obtained your conditional green card.

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You must file Form I-751 jointly during the 90-day period immediately before your conditional green card expires. Filing too early (before the 90-day window) may result in USCIS rejecting your petition. Filing late can lead to the termination of your conditional resident status and potential removal proceedings, although USCIS may accept a late filing under certain extraordinary circumstances with a good cause explanation.

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What Is Filing with a Waiver (Individual Filing)?

You file Form I-751 on your own, without your spouse by requesting a waiver of the joint filing requirement. This option is available if you meet one or more of the following criteria:

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• Marriage Terminated by Divorce or Annulment: You entered the marriage in good faith, but it ended in divorce or annulment. You can file the petition after legal termination.

• Spouse Passed Away: You entered the marriage in good faith, but your U.S. citizen or lawful permanent resident spouse has since died. File after the death of your spouse.

• Abuse or Extreme Cruelty: You or your child were battered or subjected to extreme cruelty by your U.S. citizen or lawful permanent resident spouse. File after the abuse or cruelty has occurred. Filing sooner is often recommended.

• Extreme Hardship: The termination of your status and removal from the United States would result in extreme hardship. File at any time before your green card expires if the hardship exists.

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The 90-day window for joint filing does not strictly apply for filing with a waiver. You can generally file Form I-751 with a waiver if the qualifying circumstances exist, but you must still file before your conditional green card expires. 

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Choosing the correct filing method is crucial for a successful outcome. If you are still married and your spouse is willing to file jointly, that is the standard process. If your circumstances have changed and you meet the criteria for a waiver, you can file individually. It is often advisable to consult with an immigration attorney to determine the best course of action for your specific situation.

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🔍 Additional Resources

🔗 I-751, Petition to Remove Conditions on Residence:  Click here to learn more. 

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🔗 USCIS Filing Fee: Click here to read more. 

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🔗 Case Status: Click here to check the status of your case online using your USCIS Receipt Number.

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🕒  Processing Times: Click here to check current USCIS processing times.

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📦 Address Changes: All non-immigrants and permanent residents are required to notify USCIS of any address change within 10 days of moving. Click here to create an account and submit your change of address online.