If you have been married for less than 2 years at the time you become a permanent resident, then you will become a conditional permanent resident. The conditional residence will also be extended to any derivative children. This means that your green card will be only valid for an initial 2-year period.
In order to remove the conditions on your permanent residency, you must file a Form I-751, Petition to Remove Conditions on Residence within the 90-day period immediately before the expiration of your conditional green card. You will receive a 10-year green card upon approval of the Form I-751. You cannot renew your conditional green card by filing a Form I-90.
The Form I-751 must be filed either jointly (with your US citizen or permanent resident spouse) or without your spouse with a waiver. Permanent resident children may be included if they received their conditional permanent resident status either at the same time as, or within 90 days, of you.
Joint filings include:
• You are still married to the same U.S. citizen or lawful permanent resident spouse after two years; or
• You are a conditional permanent resident child and your parent is still married to the same U.S. citizen or lawful permanent resident spouse after two years and you are not included in your parent's Form I-751.
Waiver filings include:
• The U.S. citizen or lawful permanent resident spouse or stepparent is deceased and you entered the marriage in good faith;
• You married in good faith, but the marriage ended through divorce or annulment;
• You married in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse ;
• Your parent married in good faith, but you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident stepparent or parent; or
• The termination of your status and removal from the United States would result in extreme hardship.
The required evidence for each filing will vary by case.
USCIS will provide you with a receipt notice after accepting your case. This receipt notice will act as an extension of your expired green card while your Form I-751 is pending. At time of writing, USCIS is issuing a 48-month extension on expired conditional green cards. The receipt notice acts as proof of your authorization to work and travel as a permanent resident.
Contact the Law Offices of James D. Eiss today if you have questions about filing a Form I-751, Petition to Remove Conditions on Residence. We offer full service preparation and filing or consultations to review forms completed and submitted by yourself.