Conditional Residency: Removal of Conditions
Conditional residency is a temporary Green Card valid for 2 years, granted to spouses who have been married for less than 2 years at the time of obtaining residency. To obtain permanent 10-year residency, you must file Form I-751 to remove the conditions within 90 days before expiration.
Who Receives Conditional Residency?
- Spouses of US citizens: If the marriage was less than 2 years old when the Green Card was approved
- Spouses of permanent residents: Same rule of 2 years of marriage
- Investors (EB-5): Investors who receive conditional residency for 2 years
Process for Removal of Conditions
- File I-751: During the 90 days before the expiration of the conditional Green Card
- Joint filing: Normally filed together with the citizen/resident spouse
- Evidence of marriage: Prove that the marriage is genuine and valid
- Fee: $750 USD (processing + biometrics)
- Automatic extension: The I-751 receipt automatically extends residency for 24 months
- Approval: 10-year Green Card sent by mail
Required Documentation
- Birth certificates of children born together
- Joint bank account statements
- Joint lease or mortgage agreements
- Joint tax returns
- Insurance policies that include spouse
- Family photos with dates
- Affidavits from family members and friends
Frequently Asked Questions
What if I divorce before filing the I-751?
You can file the I-751 with a waiver of joint filing. You must prove the marriage was in good faith, you were a victim of abuse, or that deportation would cause extreme hardship.
What if I don't file the I-751 on time?
If you don't file the I-751 before expiration, you lose your resident status and become undocumented. You may be placed in removal proceedings.
How long does the removal of conditions take?
Processing the I-751 takes 12-24 months. In the meantime, the I-751 receipt automatically extends your residency for 24 months.
Do I need an interview for the I-751?
Not always. Many cases are approved without an interview. USCIS may require an interview if there are doubts about the validity of the marriage or insufficient documentation.
Contact us today for a free consultation about removal of conditions.