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Conditional Residence

Spouses of U.S. citizens who have been married for less than two years when their first green card is issued are granted Conditional Residence. If you are a conditional resident, you must file an application to remove the conditions during the 90 days before your green card expires. In most cases, you and your spouse (if still married) must file the application together. Failure to file will result in loss of your resident status.

Frequently Asked Questions

Do I need to be in the US at the time of filing?

The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement.

Will my spouse and I need to appear for an interview?

USCIS has discretion to waive the interview requirement, based on the officer's review of your petition.  If USCIS is satisfied based on the written petition that your marriage was not entered into in order to obtain immigration benefits, your petition can be approved without an interview. If USCIS is not satisfied of the validity of your marriage based on the written petition, you and your spouse will be scheduled for an interview.

What if I can not file with my spouse?

If you are unable to apply with your spouse, you may request a waiver of the joint filing requirement on Form I-751 (Petition to Remove the Conditions on Residence). If the waiver is approved, the conditions on your conditional residence will be removed. You may request a waiver of the joint petitioning requirements if you meet one or more of the following requirements:

  • Your deportation or removal would result in extreme hardship.
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen or lawful permanent resident spouse, and you were not at fault in failing to file a joint petition.
How do I file the petition?

General instructions are included with the I-751 petition, and USCIS posts updates and fees on its web site. The I-751 petition is a legal case and mistakes or misrepresentations can jeopardize your chances of maintaining permanent residence status.

You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the application is complete and includes all of the necessary evidence to support your eligibility.

How long will the process take?

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case. You will also be sent a notice to appear at an Application Support Center to have your fingerprints and photo taken. If your petition is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

Processing time depends on a number of factors. You can check USCIS current processing times on our web site.

 

Help with Removal of Conditions

D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal, and professional manner. Your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and ensures that your final applications meet all government requirements.

If you would like to understand more about the application process and to find out if you need to apply to remove conditions, please contact D.Ray Mantle for a consultation.