Remove Conditions on Green Card based on Marriage

Overview of Removal of Conditions on Marriage Green Card

Removal of conditions on marriage green card is a petition that must be filed if you gain your conditional residence (conditional green card) through marriage. Foreign spouses that are admissible to the United States and married to a U.S. citizen are eligible for a conditional residence status (conditional green card status).  A conditional residence status is granted if your marriage is less than two years at the time of petition, and an additional petition called “removal of conditions” must be filed upon the 2^nd year anniversary of becoming a conditional permanent resident.  The filing of a removal of conditions on marriage green card will allow you to become a permanent resident and ultimately become a naturalized citizen.

Who may file for a Removal of Conditions on Marriage Green Card?

• You and your U.S. petitioning citizen spouse can file jointly, if you are still married together.
• Your child from previous marriage, if your child is a conditional resident based on your marriage with the same sponsoring spouse.
• You only, if your marriage is ended through divorce or annulment, but can prove that your marriage was in “good faith” meaning you entered the marriage based on true love and not for any immigration benefits.
• You are a widow or widower of a marriage that was entered into in good faith;
• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse;
• The termination of your conditional resident status would cause extreme hardship to you.

Marriage based Removal of Conditions Requirements

• Proof of continuation of marriage relationship
• Proof that marriage is genuine and for love

Requirements for Waiver of Joint Filing

• You can individually file a waiver of the joint filing requirement if your marriage was ended through divorce or annulment, but can prove that your marriage was in “good faith” meaning you entered the marriage based on true love, not for any immigration benefits.
• You can individually file a waiver of the joint filing  if you entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse;
• You can individually file a waiver of the joint filing  if the termination of your conditional resident status would cause extreme hardship to you.
• You are a widow or widower of a marriage that was entered into in good faith.

Removal of Conditions Waiver

Divorce after Issuance of Green Card

If you’re no longing married or in a loving relationship with your sponsoring spouse, you may be eligible for a I-751 Waiver or other immigration options.  Click here to learn more about the I-751 waiver.

Experienced Chicago Immigration Attorney for your Removal of Conditions Application

Removal of conditions applications are complex and detailed and it is not something you should be taken lightly.  With over 30 years of combined experience, we have successfully helped many couples and divorcees to remove the conditions on their conditional green cards.  Once our immigration lawyer is retained, our legal representation includes:

• accurately preparing all the immigration forms, and
• strategically strengthening your application with strong evidence and legal argument, and
• reviewing your application in order to ensure you have the strongest case put forward.
• preparing you for your removal of conditions interview via our in-office mock interview with our Chicago immigration attorney, should the USCIS requests an interview.

You may be interested in the following pages:

• Divorce after issuance of your green card
• Violence against women Act (VAWA)
• U Visa for Crime Victims