If you got your green card through a marriage that was less than two years old when you were approved, your card is conditional and valid for two years. To keep your permanent residence, you need to ask U.S. Citizenship and Immigration Services to remove the conditions.
When to file
You and your spouse file Form I-751 together during the 90 days before your card expires. Filing too early can get the petition rejected. Filing late without a good reason can cost you your status. Put the date on your calendar now.
Your status while you wait
These cases can take a long time. After you file, USCIS sends a receipt notice that extends your status for a set period. Keep that notice with your green card. Together they prove your status for work and travel.
Show your marriage is real
USCIS wants to see that you married in good faith, to build a life together. Include evidence of your life together since your green card was approved, such as:
- Joint tax returns
- Joint bank accounts, credit cards and bills
- A shared lease or mortgage
- Birth certificates of children born to you
- Insurance policies naming each other
- Photos and trips together over time
If your marriage ended or is in trouble
You can still file if you’re divorced, separated or your spouse won’t sign. You may ask for a waiver of the joint filing requirement, for example if you married in good faith but the marriage ended, if you suffered abuse or if losing your status would cause extreme hardship. These cases need careful preparation.
Interviews
Some cases are approved without an interview. Others are scheduled at a local USCIS field office. Prepare as if you’ll have one, and bring originals of everything you sent.
Our Plainfield office helps New Jersey couples file to remove conditions and handles waiver cases when a marriage has ended. Call us at 703-649-4848.
