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.
Duration and Transition to Permanent Status
Conditional residents can maintain their status for two years. To transition to permanent residency, they must file a petition to remove the conditions on their Green Card within the 90-day window before the card expires. Failure to do so can lead to loss of residency and potential deportation.
Step-by-Step Guide to Removing Conditions
Forms Required
- Form I-751: For marriage-based conditional Green Cards.
- Form I-829: For investor-based conditional Green Cards.
Filing Process
- Timeline: Submit Form I-751 within 90 days before the second anniversary of receiving your conditional Green Card.
- Supporting Documents: Gather evidence such as joint bank statements, tax returns, photographs, and affidavits from friends and family that attest to the authenticity of your marriage.
Eligibility Requirements
To qualify for removal of conditions, applicants must demonstrate:
- A valid marriage (still intact at the time of filing).
- Continuous residency in the U.S.
- No criminal history that could affect immigration status.
Common issues affecting eligibility include divorce, allegations of marriage fraud, or inability to prove that the marriage was genuine.
Required Documentation
Applicants must provide:
- Joint financial documents (bank statements, tax returns).
- Proof of shared residence (lease agreements, utility bills).
- Marriage certificate.
- Evidence of a shared life (photos, birth certificates of children if applicable).
Organizing these documents clearly can help avoid mistakes during submission.
How to File Forms I-751 and I-829
Form I-751 Submission
- Complete the form with both spouses’ signatures.
- Include all required supporting documents.
- Submit either online or via paper (ensure you follow specific guidelines for each method).
Common mistakes include submitting too early or late, which can lead to rejection.
Form I-829 Submission
For investors, Form I-829 requires evidence that the business is operational and compliant with investment requirements. Documentation may include:
- Business licenses.
- Financial statements.
- Evidence of job creation.
After Submission
Once submitted, applicants will typically receive a biometrics appointment notice where they must provide fingerprints and photographs. Processing times can vary; however, it generally takes several months. If there are delays or requests for additional evidence (RFEs), applicants should respond promptly to avoid complications.
Challenges in Removal Process
Challenges may arise from proving the legitimacy of a marriage, especially in cases of divorce or insufficient documentation. Strategies include gathering comprehensive evidence and possibly seeking legal assistance if complications occur.
Options for Divorced Conditional Residents
If a conditional resident divorces before applying to remove conditions, they may still file for a waiver of the joint filing requirement by proving that the marriage was legitimate despite its dissolution. This requires substantial evidence demonstrating the authenticity of their relationship without the spouse’s involvement
How to Prove Your Marriage Was Real for Green Card Purposes
Proving the authenticity of marriage for Green Card purposes is crucial in the immigration process, especially when applying for the removal of conditions on a conditional Green Card. U.S. Citizenship and Immigration Services (USCIS) requires substantial evidence to ensure that marriages are genuine and not entered into solely for immigration benefits.
Types of Evidence to Prove a Genuine Relationship
To demonstrate that your marriage is bona fide, you should gather various types of evidence, including:
- Joint Financial Documents: This includes joint bank account statements, joint tax returns, and insurance policies that list both spouses as beneficiaries.
- Property Ownership: Lease agreements or mortgage documents showing both names, along with utility bills at the same address, can substantiate shared living arrangements.
- Photos and Communication: Pictures from family events or vacations together, along with correspondence such as letters or emails exchanged before and after marriage, can illustrate a genuine relationship.
- Affidavits from Friends and Family: Statements from individuals who can attest to the authenticity of your marriage add credibility. These should ideally come from U.S. citizens or permanent residents.
If you cannot provide sufficient evidence, USCIS may request additional information or deny your application. It’s essential to compile a comprehensive portfolio of documentation to avoid these issues.
The Interview Process for Removing Conditions
After submitting Form I-751 to remove conditions on your Green Card, an interview may be required. During this interview:
- Preparation: Bring all relevant documentation that supports your claim of a bona fide marriage. Be ready to answer questions about your relationship, such as how you met, significant milestones, and daily routines together.
- Interview Questions: Questions may include details about your spouse’s family, shared experiences, and future plans. Honest and consistent answers will help demonstrate the legitimacy of your marriage.
What If USCIS Denies Your Petition?
If USCIS denies your petition to remove conditions due to insufficient proof of a valid marriage:
- Understand the Reasons: Review the denial letter carefully to understand why your application was rejected.
- Appeals Process: You can file an appeal or a motion to reopen your case within 30 days of receiving the denial notice. This process involves submitting additional evidence or correcting any deficiencies noted by USCIS.
When to Apply for Removal of Conditions
You must file Form I-751 within 90 days before your conditional Green Card expires. Filing too early or too late can lead to complications:
- Filing Too Early: If you submit the form more than 90 days before expiration, USCIS will reject it.
- Filing Too Late: Missing the deadline can result in losing your conditional resident status, making you subject to removal proceedings.
Importance of Timely Filing
Filing on time is critical to maintaining your legal status in the U.S. If you miss the deadline:
- Consider applying for a waiver if you have valid reasons for missing it (e.g., medical emergencies).
- Seek legal advice immediately to explore options for regaining your status.
What Happens After Successfully Removing Conditions?
Once conditions are removed, you transition from a conditional Green Card to a 10-year permanent Green Card. After obtaining this status:
- You may apply for U.S. citizenship after five years of permanent residency.
- Ensure you maintain residency requirements during this period.
How Removing Conditions Affects Citizenship Eligibility
The removal of conditions positively impacts your naturalization process. Once you have a 10-year Green Card, you can apply for citizenship after five years (or three years if married to a U.S. citizen). It’s important to keep track of timelines and ensure compliance with residency requirements during this period.
Traveling While Your Application is Pending
You can travel while your application to remove conditions is pending; however, it’s advisable to:
- Carry documentation proving that you have filed Form I-751.
- Ensure re-entry into the U.S. is smooth by having all necessary paperwork ready at customs.
Special Circumstances in Removing Conditions
In cases where one spouse has passed away or if there is evidence of domestic abuse, applicants may qualify for waivers under specific provisions:
- Death of a Spouse: You can file for removal without needing joint filing if your spouse has died.
- Abuse Situations: Victims of domestic violence may also apply for waivers by providing evidence of abuse.
Conditional Green Cards for Children
If you have children who are conditional residents, they must also file to remove conditions. The process is similar but may involve additional considerations regarding their age and dependency status.
Renewing Your 10-Year Green Card
After removing conditions, remember that your 10-year Green Card will need renewal every ten years. Start this process well in advance of its expiration date by submitting Form I-90.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a CR1 Visa or an IR1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.