Remove U.S. Residency Conditions: Marriage-based Green Card
San Diego, CA, Immigration Law Get StartedLearn MoreNeed legal help with removal of conditions for a marriage-based U.S. green card? Our lawyers can assist with Form I-751, Petition to Remove the Conditions of Residence.
NOTE: for questions about green card applications or replacement, see our Green Cards page.
Removal of U.S. Residency Conditions: Green Card through Marriage
If you become a Lawful Permanent Resident through marriage, you are considered a conditional permanent resident, in which case you will need to file for removal of these conditions 90 days before the expiration of your Green Card using USCIS form I-751 (see link for our post on what to expect timeline- and process-wise after filing I-751).
Filing jointly with your spouse
In order to remove the conditions, you must file a Form I-751 Petition to Remove Conditions on Residence along with evidence of Bona Fida Marriage. The petition removes conditions on your residence and finalizes the permanent resident process. Failing to file the petition can create a deportation problem.
You are expected the file the above application jointly with your spouse. Once your application is approved, U.S. Citizenship and Immigration Services (USCIS) grants the conditional resident status as a lawful permanent resident and provides a 10-year green card.
When an I-751 Waiver is Needed
The I-751 waiver after divorce may provide a solution to difficult situations arising from the U.S. resident’s marriage, including when:
- The conditional resident gets a divorce or annulment before the two-year period ends
- The spouse is abusive and refuses to file the joint petition
How to file I-751 with a Waiver
USCIS can allow a conditional resident to remove conditions on their residence after divorce or other events that make it impossible to file a joint petition with the spouse through whom he or she gained conditional residence.
In these cases, the conditional resident must file the petition with a request that the joint filing requirement is waived — commonly known as a waiver. The conditional resident can still become a lawful permanent resident, but it’s not a simple process. The stakes are high. USCIS will more closely scrutinize the I-751 petition. And an unsuccessful petition may result in removal proceedings for the conditional resident.
Regardless of your situation, if you are uncertain about your U.S. residency status we are happy to help you assess the next steps and requirements you need to meet.
Contact the Immigration Lawyers at Gallagher Krich, APC
For assistance about USCIS form I-751, you or your spouse’s permanent residency situation, or other questions in navigating the citizenship process, please use the form below or email us at “immigration [at] tomgallaherlaw.com“.
We seek the best possible results for you & your family.
Once you reach us, we will take a close look at your specific green card situation and can help to identify your rights and legal options.
Please contact us online or via email for further information and assistance!
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