Removal of Conditional Permanent Residency

Removal of Conditional Permanent Residency

Removing conditions on permanent residence based on marriage allows a foreign national who has obtained conditional permanent resident status through marriage to a U.S. citizen or permanent resident to transition to full, unconditional permanent resident status. This typically applies to individuals who were married for less than two years at the time of receiving their green card. Key requirements to removing conditions include:

1. Filing to Remove Conditions:
   

   Before the two-year period expires, the conditional resident must apply to remove the conditions and obtain permanent, unconditional resident status. The application is filed using Form I-751, Petition to Remove Conditions on Residence. This application must be filed jointly with the U.S. citizen or permanent resident spouse.

2. Evidence of a Bona Fide Marriage:
   

   In order to successfully remove the conditions, the couple must prove that their marriage is genuine and not entered into solely for the purpose of obtaining immigration benefits. This may involve submitting evidence such as:

   • Joint financial documents (e.g., tax returns, bank accounts)
   • Proof of shared residence (e.g., leases, utility bills)
   • Photos together, affidavits from friends and family
   • Children born to the couple, if applicable
3. Application Review and Interview:
   

   The USCIS will review the I-751 petition and the submitted evidence. In some cases, USCIS may request an interview with the couple to verify the authenticity of the marriage.

4. Approval and Removal of Conditions:
   

   If USCIS approves the petition, the conditional status will be removed, and the foreign national will receive a permanent (unconditional) green card. This status is typically valid for 10 years, after which the individual can apply for naturalization if they meet other eligibility criteria.

5. In the Case of Divorce or Separation:
   

   If the couple divorces or separates before the conditions are removed, the foreign national can still apply to remove the conditions by proving the marriage was entered in good faith. They may need to file Form I-751 and provide additional documentation explaining the situation.