Removal of Condition on Permanent Residence

If your marriage was under two years at the time of your application then USCIS places a condition on your temporary green card. The immigration laws presume that this marriage was entered into solely for the purposes of immigration and the petitioning resident and the conditional resident must prove that they did not get married to evade the immigration laws of the U.S.

1. A U.S. citizen or a permanent resident and his spouse must apply together to remove the conditions on the spouse’s residence. They should apply during the 90 days before the second anniversary as a conditional resident. Usually, the expiration date on the alien spouse’s green card is also the date of his second anniversary as a conditional resident. If they do not apply to remove the conditions in time, the alien spouse could lose his conditional resident status and be removed from the U.S.

2. If the conditional resident has been battered or abused by his U.S. citizen or permanent resident spouse, the alien may apply to remove the conditions on his permanent residency at any time after he becomes a conditional resident, but before he is removed from the U.S.

3. If the marriage becomes not viable, that is, the couple is separated or no longer shares a household, the petition to remove the conditions of residence shall not be denied provided that the conditional resident can show that the marriage was entered into in good faith and with a genuine desire for a marital relationship, and not solely for immigration purposes.

4. If the couple is divorced, the alien may also apply to remove the conditions on his permanent residence at any time after he becomes a conditional resident, but before he is removed from the U.S.

5. If the alien spouse’s child received conditional resident status within 90 days after the alien spouse did, then the child may be included in the alien’s application to remove the conditions on permanent residence. However, the child must file a separate application if the child received conditional resident status more than 90 days after the alien spouse did.