Removal of Conditions on Residence for U.S. Immigrants

Immigrants who have been married less than two years at the time they obtain their marriage-based green cards are granted conditional permanent resident status, which is valid for two years. Within the 90-day period prior to expiration of the status, the immigrant must file a joint petition on Form I-751 with his or her spouse to remove the conditions on the status. Failure to file the application by the deadline could result in termination of the conditional resident spouse's status and lead to the initiation of removal proceedings.

The conditional resident status was implemented for the purpose of preventing sham marriages. The idea behind the policy is that a truly bonafide couple will still be together after two years of marriage and will file the joint petition together.

There are, however, three situations in which the joint filing requirement may be waived and the immigrant may file his or her own petition:

  1. Death of the spouse
  2. Divorce
  3. Battery or extreme cruelty

How We Can Help

  • We assist you with completing the application and assembling evidence that your marriage is bonafide.
  • Some couples are called in for an interview—even though they were already interviewed once before. If you are called for a second interview, we can represent you at USCIS.
  • If you require a waiver of the joint-filing requirement, we provide robust application preparation to ensure that your eligibility for the waiver is clear through documentary evidence and a legal brief.

We welcome you to contact the Brian M. Wang | Whiteman Osterman & Hanna LLP to schedule a consultation about how we may be of service in your immigration matter. Based in the Albany, NY Capital District area, we assist clients in Schenectady, Troy, Saratoga and throughout New York, as well as in all 50 states and worldwide with United States immigration law.

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