The Conditional Residence is granted to foreign spouses admitted to the U.S. with an Immigrant visa or via adjustment of status and married with an U.S. Citizen or Lawful Permanent Resident (LPR) for less than two years on the date of the green card approval.
The conditional residence, which is valid for a period of two (2) years, must be removed within ninety (90) days prior to the expiration date of the green card.
One applying for Removal of Condition must prove the following:
- Still married with the U.S. Citizen or LPR
- Reside and share life together as a married couple
- The applicant has not been convicted to any crime or felony during the two years of Conditional Residence
Should the foreign national be separated after initiating the procedure with his or her U.S. citizen spouse, he or she must finalize a divorce prior to a decision being rendered on the case. If the procedure has not yet been initiated with the U.S. citizen spouse, then it is recommended that the divorce be finalized prior to filing the I-751 form. Once the foreign person is divorced, he or she will be able to file the same application on his or her own.
There are several other ways to remove the conditions on the temporary green card even of the U.S. citizen spouse is no longer willing to support the procedure. if the foreign national has been subject to extreme cruelty for example, or if the denial of the removal of conditions would result in extreme hardship to the foreign national, or if the U.S. spouse is now deceased. These are all ground to filing for a waiver of the joint filing.
We recommend you contact our law firm to find out about the options that may be available to you.