The permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. The permanent resident status is conditional for you to prove that you did not get married to evade the immigration laws of the United Status.
During the 90days before the second anniversary as a conditional resident, you must apply with your spouse together to remove the conditions on the residence. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
Eligibility
You may apply to remove your conditional permanent resident status (that was obtained through marriage) if:
•You are still married to the same U.S. citizen or lawful permanent resident after two years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days).
•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 the marriage was ended through divorce or annulment.
•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 are a child and cannot be included in the application of your parents for a valid reason.
•The termination of your conditional resident status would cause extreme hardship to you.
Please see Form I-751 (Petition to Remove the Conditions on Residence) for more specific eligibility requirements.
A Waiver of the Joint Petitioning Requirements
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.
You may request a waiver of the joint petitioning requirements if:
•Your deportation or removal would result in extreme hardship
•You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
•You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of legal permanent resident spouse, and you were not at fault in failing to file a joint petition.
Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers.
Procedures & Documents
1. If you are filing a joint application with your spouse to remove the conditions on your permanent residence, you must submit the following:
a. USCIS Form I-751 (Petition to Remove the Conditions on Residence) signed by both you and your spouse
b. Copy of USCIS Form I-551 (Permanent Resident Card)
c. Evidence that you did not get married to evade the immigration laws of the United States. Examples of such evidence include, but are not limited to:
•Leases showing that you and your spouse live in the same place
•Documents that prove that you and your spouse own property together
•Birth certificates of your children
2. If you are a widow or a widower, you must submit the following:
a. USCIS Form I-751 (Petition to Remove the Conditions on Residence)
b. Copy of USCIS Form I-551 (Permanent Resident Card)
c. Evidence that you did not get married to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
•Leases showing that you and your spouse lived in the same place
•Documents that prove that you and your spouse owned property together
•Birth certificates of your children
•Copy of your spouse's death certificate.
3. If your marriage was terminated other than by the death of your spouse, you must submit the following:
a. USCIS Form I-751 (Petition to Remove the Conditions on Residence)
b. Copy of USCIS Form I-551 (Permanent Resident Card)
c. Evidence that you entered in the marriage in good faith, and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
•Leases showing that you and your spouse lived in the same place
•Documents that prove that you and your spouse owned property together
•Birth certificates of your children
•Copy of your divorce or annulment decree
•Evidence that you were not at fault in failing to file the petition on time, if applicable.
4. If you or your child were battered or subjected to extreme mental cruelty by your spouse, you must submit the following:
a. USCIS Form I-751 (Petition to Remove the Conditions on Residence)
b. Copy of USCIS Form I-551 (Permanent Resident Card)
c. Evidence that you entered the marriage in good faith and not to evade the immigration laws of the United States. Examples of such evidence includes, but is not limited to:
•Leases showing that you and your spouse lived in the same place
•Documents that prove that you and your spouse owned property together
•Birth certificates of your children; or
•Expert testimony proving that you or your child were battered or subjected to extreme mentalcruelty.
Copies of police and medical records detailing evidence of physical abuse
Evaluations by clinical social workers and psychologists showing evidence of mental cruelty
Copy of your divorce decree if your marriage was terminated because of physical abuse or mental cruelty.
•Evidence that you were not at fault in failing to file the petition on time, if applicable.
•Evidence that the termination of your conditional resident status and your removal from the country will cause you extreme hardship, includes but is not limited to the following:
USCIS Form I-751 (Petition to Remove the Conditions on Residence)
Copy of USCIS Form I-551 (Permanent Resident Card)
Evidence that your deportation would cause greater hardship than the hardships created when other aliens are removed from the United States.
However you should note that in evaluating the claim that your removal from the United States will cause you extreme hardship, the Service will only consider factors which arose after the date you obtained your conditional permanent residence.
5. If you are a child filing separately from your parents to remove the conditions on your permanent residence, you must submit the following:
a. USCIS Form I-751 (Petition to Remove the Conditions on Residence)
b. Copy of USCIS Form I-551 (Permanent Resident Card)
c. A written explanation of why you are filing separately from your parents, and any supporting documentation.