Conditional Green Card

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If you have been married for less than 2 years at the time you are approved for a green card, then you will receive a conditional green card, which is valid for 2 years.

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You and your spouse must apply to remove the conditional nature of your green card within 90 days (3 months) of the two-year expiration date. By doing this you are essentially requesting that the conditional green card be converted to a 10-year green card. In applying to remove the conditional nature of the green card, the validity of your marriage will be re-examined.

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It is highly important to discuss your case with your immigration lawyer prior to applying to remove the conditional nature of your green card, as certain factors can complicate your case.

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What If I Don’t Apply To Remove The Conditions Of My Green Card Before The Two-Year Anniversary?

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If you don’t apply to convert your conditional green card to a 10-year green card before the end of your two-year anniversary, then you will risk being put in removal proceedings.

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Furthermore, you will not be able to travel internationally and you may be deemed to have abandoned your status as a permanent resident. You need to apply to convert the conditional green card to a 10-year green card before the two-year anniversary of your status as a permanent resident.

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REMEMBER that the filing window opens 90 days prior to your two-year anniversary and it ends on the 2-year anniversary.

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How Is A Conditional Green Card Different Than A 10-Year Green Card?

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An individual who has a conditional green card is a permanent resident and has the same rights and responsibilities as an individual with a 10-year green card.

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The only difference is that an individual with a conditional green card is required to apply to remove the conditions and convert the conditional green card to a 10-year green card within 90 days of their two-year anniversary of being a permanent resident.

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What Is The Purpose Of The Conditional Green Card?

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The conditional green card was introduced by USCIS to combat marriage fraud. By only providing a conditional green card valid for a two-year period, USCIS is given another opportunity to evaluate the validity of your marriage.

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If it is determined after applying to remove the conditions of your green card that your marriage was entered into lawfully, your conditional green card will be converted into a 10-year green card.

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Who Has To Submit The Application To Remove Conditions? Me, My Spouse, Or Both Of Us?

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A petition to remove conditions is a joint petition, meaning that both you and your spouse will sign the petition.

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Aside From The Petition, What Else Needs To Be Submitted?

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Any documentation that establishes that the marriage is valid, such as:

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• joint ownership of property

• joint lease

• utility bills

• joint bank accounts and/or credit card accounts

• birth certificates of any children

• other joint documents

• photos

• affidavits from third parties

• any other relevant evidence

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What if I Forgot To File My Petition To Remove The Conditions Of My Green Card By The 2 Year Anniversary?

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Assuming you have not been put in removal proceedings, not all is lost if you have failed to file your petition by your two-year anniversary of being approved for a conditional green card.

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You can file your petition late (days, months, years), but you must include a sufficient explanation as to why you did not file the petition on time.