How Do I Remove the Conditions on My Green Card?

For anyone who has been through the marriage-based green card application process, they can attest to the investment of time effort and energy and the overall stress that is involved in proving to the United States government that not only is your marriage legitimate, but that you are worthy of a grant of legal permanent residence. For individuals married for less than two years at the time they receive a green card, unfortunately the journey doesn't stop when you receive your legal permanent resident card in the mail. As a safety measure to protect against marriage fraud, the United States Citizenship and Immigration Services ("USCIS") issues a conditional green card that is only valid for two years and the couple must petition before that expiration period to remove these conditions.

When it comes to marriage-based green cards, the U.S. government is heavily invested in finding and rooting out marriage fraud, i.e., individuals who are married solely for the purpose of securing immigration benefits for the non-citizen spouse. In doing so, there are several hurdles that couples must overcome to prove that their marriage is legitimate, bona-fide and entered into in good faith. The first hurdle is during the initial green card application process, where couples must submit evidence to show that their marriage and relationship are legitimate. The second hurdle is during the green card interview where the USCIS officer will question you and your spouse as to the specifics of your relationship in order to make an in-person assessment of the legitimacy of your marriage. Finally, if you and your spouse are married for less than 2 years at the time you receive your green card, you must jointly file the I-751, Petition to Remove Conditions on Residence, where, once again, you must provide additional evidence and be interviewed for a second time to prove the validity of your marriage.

If you aren't sure whether you have a conditional green card, you can simply look at the front of your legal permanent resident card and if you see either "CR1" under the "Category" heading or the expiration date is two years from the issue date, then you are a conditional resident and must comply with the I-751 petition process. If you are in fact a conditional green card holder, then you will want to file the I-751 within 90 days of the expiration date on your card. This will provide adequate time to have your application reviewed and save you from filing late with an expired green card (which is a significantly more difficult situation).

In order to ensure the success of your I-751 petition, the couple should submit evidences to show that their marriage was, is and continues to be legitimate. This can be any evidence of jointly owned assets (bank accounts, home, vehicles, etc.), copies of your driver's licenses showing you both live at the same residence, copies of insurance policies listing the couple as named insureds, birth certificates of children born of the marriage, and so on. The goal is to prove that since you were issued your green card, you have continued to maintain and be part of a bona-fide, legitimate marital relationship.

If you have any questions about the I-751 petition process, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.