Conditional Status After Obtaining a Green Card Through Marriage
Obtaining a green card through marriage is an important step toward permanent residency in the United States, but it often comes with conditions for couples who have been married for less than two years at the time of approval. These conditions are meant to ensure that the marriage is bona fide and not entered into solely for immigration benefits. A Houston marriage and family visa lawyer can clarify what conditional status means, the process of removing those conditions, and tips for successfully navigating this crucial period.
What Is Conditional Status?
When a foreign national obtains a green card through marriage and the couple has been married for less than two years, USCIS issues a conditional green card. This card grants the holder many of the same rights and responsibilities as a permanent resident, but it is valid for only two years. The purpose of conditional status is to prevent marriage fraud and ensure that only those in genuine marriages are granted permanent residency.
During this two-year period, the conditional green card holder can live and work in the U.S., travel in and out of the country, and begin to build a life with their spouse. However, before the end of the two-year period, they must take specific steps to remove the conditions and transition to full permanent residency.
Why Is Conditional Status Imposed?
The imposition of conditional status on marriage-based green card holders is rooted in concerns about marriage fraud. USCIS seeks to ensure that the marriage is genuine and was not entered into solely for immigration benefits. By placing conditions on the initial green card, USCIS can assess whether the couple’s relationship continues to be legitimate over time.
Removing the Conditions: Form I-751
To remove the conditions on a green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the two-year anniversary of the green card’s issuance. Filing this petition on time is crucial to maintaining lawful status in the United States.
Steps for Filing Form I-751:
- Prepare the Petition: The petitioner must complete Form I-751 and provide supporting evidence to prove that the marriage is bona fide and ongoing. This includes documentation similar to what was submitted with the original green card application but updated to reflect the current state of the relationship.
- Submit Supporting Evidence: Examples of supporting evidence include:
- Joint financial records (bank statements, mortgage or lease agreements, insurance policies).
- Photos from family gatherings, vacations, or other significant events.
- Joint tax returns and other shared legal documents.
- Affidavits from friends and family who can attest to the authenticity of the marriage.
- Attend a Possible Interview: While not always required, USCIS may schedule an interview to further assess the legitimacy of the marriage. Both spouses should attend the interview prepared to answer questions about their relationship, daily life, and shared history.
Exceptions to Joint Filing
There are situations in which a conditional resident may need to file Form I-751 individually rather than jointly with their spouse. These situations include:
- Divorce or Annulment: If the marriage has ended in divorce or annulment, the conditional resident can still file Form I-751 by requesting a waiver of the joint filing requirement. They must prove that the marriage was entered into in good faith but ended due to circumstances beyond their control.
- Abuse or Cruelty: Conditional residents who have experienced abuse or extreme cruelty by their U.S. citizen or permanent resident spouse can file Form I-751 independently. In such cases, additional evidence, such as police reports, restraining orders, or affidavits from witnesses, may be necessary to support the petition.
- Death of the U.S. Citizen Spouse: If the U.S. citizen spouse has passed away, the conditional resident may file Form I-751 individually and provide documentation showing that the marriage was genuine up until the spouse’s death.
Consequences of Failing to Remove Conditions
Failing to file Form I-751 on time or failing to provide sufficient evidence to remove the conditions can have serious consequences:
- Loss of Status: The conditional resident may lose their lawful status and become subject to removal (deportation) proceedings.
- Ineligibility for Reentry: If the conditions are not removed, the individual may not be permitted to reenter the U.S. after traveling abroad.
To avoid these consequences, it’s essential to adhere to the filing deadlines and provide comprehensive documentation that demonstrates the bona fide nature of the marriage.
Tips for Successfully Removing Conditions
- File on Time: Ensure that Form I-751 is submitted within the 90-day window before the conditional green card expires. Filing too early or late can jeopardize the resident’s status.
- Maintain and Collect Evidence: From the moment the conditional green card is issued, couples should maintain joint financial and legal records. It’s wise to regularly update records and keep documents that show an ongoing, shared life.
- Be Honest and Thorough: Provide complete and truthful information in the petition. Omissions or discrepancies can lead to delays or denials.
- Prepare for a Possible Interview: Be ready to attend a USCIS interview, if required. Practice answering common questions with your spouse to ensure consistency and confidence during the interview.
- Consult an Immigration Attorney: If you face a complicated situation, such as a pending divorce or concerns about providing sufficient evidence, consulting an experienced immigration attorney can be invaluable.
Contact BBA Immigration
Conditional status is an essential part of the marriage-based green card process for couples married less than two years at the time of approval. While it adds an extra layer of scrutiny, it is designed to maintain the integrity of the U.S. immigration system. By understanding the requirements, filing on time, and providing ample evidence, couples can successfully navigate the process of removing conditions and transitioning to full permanent residency.
For assistance with removing conditions from your marriage-based green card or navigating the complexities of Form I-751, contact BBA Immigration Law Firm. Our experienced attorneys can guide you through the process, help gather essential documentation, and ensure you meet all deadlines. Contact BBA Immigration today to make your transition to permanent residency smooth and stress-free.
Source:
uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage
