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Removal of Marriage Conditional Resident Status
[11/22/2011]

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.
  

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