Permanent
residence status will be conditional if it is based on a marriage that is less
than two years. You can remove conditional resident status by submit joint
petition if you are still married to the same US citizen after two years or by
submit sole petition if you’re in situations of divorced, widowed and battered.
Also, children of the foreign spouse can file alone as well as follow along with
the parent petitioner.
1. Qualifications
(1). You entered into a marriage in good faith, but the marriage was ended
through divorce or annulment without fault.
(2). You entered into a marriage in good faith, but your spouse passed away.
(3). 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.
(4). The termination of your conditional resident status would cause extreme
hardship to you.
(5). You are a child and cannot be included in the application of your parents
for a valid reason
2. Procedures
(1). File I-751 removal of conditional marriage status petition with the
USCIS or Wavier Petition
(2). Petition approved
(3). Attend the bona fide marriage interview or wavier interview
(4). Interview passed
(5). Receive new Green Card
3. Filing Materials
Form I-751, Copy of USCIS Form I-551,
(1). Evidence of the Relationship: birth certificate(s) of child(ren) born to
the marriage, lease or mortgage contracts, evidence of joint ownership of assets
and so on
(2). Copy of your spouse's death certificate.( If you are a widow or a widower)
(3). Copy of your divorce or annulment decree. ( If your marriage was terminated
other than by the death of your spouse)
(4). A written explanation of why you are filing separately from your parents,
and any supporting documentation. (If you are a child filing separately from
your parents)
(5). Evidence that you were not at fault in failing to file the petition on
time, if applicable
4. Warnings
(1). At the time you obtain conditional resident status through admission to the
United States with an immigrant visa or through adjustment of status, the USCIS
will notify you of the conditional basis of your status, the requirements for
removal of the conditions and what will happen if you fail to file a petition to
remove the conditions. The USCIS does not send a second reminder to conditional
residents to petition for removal of conditions.
(2). The conditional resident need not wait until the 90-day period prior to the
expiration of conditional resident status to file a waiver. In fact, the
conditional resident may be forced to file a waiver request before the 90-day
period if the USCIS seeks to remove the alien based on death/termination of the
marriage
(3). Requests for waiver filed after the 90-day period must be justified by good
cause.
(4). Submit copies of as many documents as you wish to establish the fact that
you were married in “good faith” and was not for the purpose of circumventing
immigration laws to demonstrate the circumstances of the relationship from the
date of the marriage to the present date, and to demonstrate any circumstances
surrounding the end of the relationship, if it has ended.