A conditional green card is issued to a spouse who has been married for less than 2 years at the time their green card was first approved. When a non-citizen marries an American citizen, they may be issued a conditional Green Card. A conditional green card is valid for only 2 years, and the designation “CR1” on the physical card stands for “conditional resident.” A conditional green card holder must file for “removal of conditions” to remove the 2-year condition and obtain a permanent green card and permanent residency status. Removal of conditions is the legal process for the non-citizen spouse to be granted full permanent resident status by USCIS.
Watch: Chicago Immigration Attorney Mario Godoy Explains What You Must Prove To Successfully Remove The Conditions On Your Permanent Residency
In this video, we will explain what you must prove to successfully remove the conditions on your permanent residency.
First, you and your spouse must file a petition to remove your conditions on Form I-751 within 90 days of the expiration of your conditional green card. Failure to do so will result in termination of your residency by law. The government will want you to establish that:
(1) the marriage was legal where it took place;
(2) the marriage has not been terminated;
(3) the marriage was not entered into for the purpose of procuring residency; and
(4) no fee (other than an attorney’s fee to assist filing) was paid.
In instances where you cannot file jointly with your spouse, you will file for a waiver of the joint filing requirement. This is filed on the same form I-751. In those cases, the government will want you to demonstrate:
(1) Extreme Hardship if you are removed during the two year period of your conditional residency
(2) You entered into a qualifying marriage in Good Faith but it was terminated through divorce or annulment
(3) You entered into a qualifying marriage in Good Faith but during the marriage you were battered or subjected to extreme cruelty by your US citizen or legal permanent resident spouse
(4) You entered into a qualifying marriage in Good Faith but it was terminated through divorce or annulment
(5) Your spouse is deceased.
If you need to remove the conditions of your residency then please call our office for a consultation.
If you are married to a U.S. citizen and received a marriage visa with CR1 conditional status, contact the experienced immigration attorneys at Godoy Law Office in Cook and DuPage Counties, Illinois, to advise you on your removal of conditions petition. Please contact our office or call us at 855-554-6369.