If you received a conditional green card after marrying a U.S. citizen or permanent resident, your green card is only valid for two years. To get a permanent 10-year green card, you must apply to remove the conditions. Here’s a simple guide to help you understand how to remove the conditions on your green card and secure your status as a permanent resident.
What is a Conditional Green Card?
A conditional green card is given when you’ve been married for less than two years at the time your visa or green card is approved. It allows you to live and work in the U.S., but only for two years. After this period, you must apply for Removal of Conditions to get a permanent 10-year green card.
Conditional green cards cannot be renewed. If you don’t remove the conditions before your card expires, you may lose your status and have to leave the U.S.
“CR1” on the green card means “Conditional Resident.”
What Does Conditional Permanent Residency Mean?
As a conditional permanent resident, you have a green card that is valid for just two years, not the 10-year card given to permanent residents. To get your permanent status, you must file for Removal of Conditions by submitting Form I-751 within 90 days before your conditional green card expires.
- If you are married, you will need to show proof that your marriage is still valid. Once the conditions are removed, you’ll get a permanent green card, valid for 10 years.
- “IR1” on the green card stands for “Immediate Relative,” indicating that the green card holder’s status has been updated to permanent.
How to Apply for Removal of Conditions
To remove the conditions on your green card, you need to file Form I-751, Petition to Remove Conditions. Here are the key things to keep in mind:
- Timing Is Crucial: You must file the I-751 within the 90-day window before your conditional green card expires. If you file too early or too late, your application could be rejected or denied.
- Joint Petition: Both spouses must sign the form and submit it together.
- Provide Evidence: You need to prove that your marriage is real. This includes:
- New photos together
- Updated joint financial documents
- Any children you may have had together
This evidence should be from the time since your initial green card approval. The more proof you have, the stronger your case.
- Include Important Documents: Submit a copy of your conditional green card (both front and back), and the $750 filing fee.
Before April 7, 2022, couples were required to attend an interview. Now, USCIS may waive the interview if the evidence provided is strong enough to confirm the legitimacy of your marriage.
What Happens If You Don’t Remove the Conditions?
If you fail to remove the conditions on your green card before it expires, your status will be invalid. This can lead to deportation proceedings, and you may face “unlawful presence” penalties. If you leave the U.S. while out of status, you could be banned from re-entering for 3 to 10 years.
Reasons Your Application Might Be Denied
There are three common reasons USCIS might deny your petition to remove conditions:
- Late Filing: If you file after the deadline without a valid reason.
- Insufficient Evidence: If you don’t provide enough proof of your ongoing marriage.
- Marriage Fraud Concerns: If USCIS suspects that your marriage was not entered into in good faith.
To avoid these issues, make sure you file on time, provide strong evidence of your marriage, and respond promptly to any Requests for Evidence (RFEs) from USCIS.
Understanding Conditional Green Cards and Marriage
Every marriage-based green card holder who has been married for less than two years receives a conditional green card. This is just one step in the process of becoming a permanent resident.
Conditional green cards are not an indication that USCIS doubts your marriage; they are a safeguard to ensure that marriage fraud is prevented. If you successfully prove the authenticity of your marriage, you will be granted a permanent 10-year green card.
History of Conditional Permanent Residency
The conditional green card system was introduced in the 1980s when marriage fraud became a concern in U.S. immigration. Although initial estimates suggested that many marriages were fraudulent, this has since been revised, and today, fraud in marriage-based green card applications is rare.
The conditional green card (CR1 visa) allows USCIS to verify the authenticity of your marriage after two years, helping ensure that your relationship is genuine.
Conditional Green Card FAQs
What if my spouse dies while I’m a conditional permanent resident?
If your spouse passes away before you can remove the conditions, you can still apply for removal of conditions by submitting a copy of the death certificate along with proof of your shared life together. You don’t have to wait for the 90-day window, and you can file anytime before your green card expires.
What if my marriage ends, but the removal of conditions would cause “extreme hardship”?
In rare cases, if your marriage ends but returning to your home country would cause “extreme hardship” (such as due to a war or other serious situation), you can apply for a waiver. You will need to prove the hardship and explain why you should be allowed to keep your permanent residency status. USCIS will evaluate this based on the situation since your original green card was granted.
If you have multiple special circumstances, such as an abusive marriage and the risk of extreme hardship, you can ask USCIS to consider all of these factors in your application.
Removing the conditions from your green card is a critical step to becoming a permanent resident of the U.S. By filing on time, submitting the right evidence, and following the correct process, you can secure your 10-year green card and continue your life in the U.S. as a permanent resident. If you need help navigating this process, consider consulting with an immigration expert to ensure everything is handled correctly.
