If you have been married for less than two years when you receive your Spouse Based Green Card, you will receive a conditional green card that expires after two years. Conditions must be removed in order to receive a permanent (10-year) Green Card.

This process is in place to help prevent immigration marriage fraud. Therefore, couples should take the filing process very seriously. Removing conditions is not merely about completing a form. The couple must prove that their marriage is a bonafide marriage. This requires a great deal of evidence accumulated throughout the two years between receiving the Conditional Green Card and applying to remove conditions. A bonafide marriage is a marriage entered into for purposes other than to gain an immigration benefit.

If conditions are not successfully removed, the immigrant spouse and any applicable children will automatically lose their status. Without a valid immigration status, immigration enforcement has the authority to detain you and remove you from the United States. USCIS does refer these cases for detention and deportation. So, take this aspect, of the immigration process, very seriously.

If you have already missed the deadline or if your application was denied, it is crucial that you retain an immigration attorney to file to remove conditions as soon as practicable. In order to succeed on a late filing, it is imperative to show that the delay was reasonable due to extraordinary and compelling circumstances beyond your control.

You may apply for a waiver to the joint filing requirement if:

1. You entered the marriage in good faith, but your spouse subsequently died;
2. You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
3. You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
4. Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent’s U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
5. The termination of your status and removal from the United States would result in extreme hardship.

The waiver is not a separate form. You should prepare Form I-751, Petition to Remove Conditions on Residence, and select the appropriate category in Waiver or Individual Filing Request (Part 3). Better yet, contact us to represent you.

Understand that, if you are applying for a waiver, your petition will be scrutinized much more closely. You will need to provide ample documentation that proves your marriage was bonafide.

Upon approval, of the petition to remove conditions, the applicant and any applicable children, will be permanent residents with 10-year green cards.

Do not make the mistake of thinking that this step is a formality or that the validity of your marriage will be obvious to USCIS. This is a crucial step and a mistake on the application, a mistake in the timing of filing, or a failure to submit an adequate amount of evidence can leave your family members facing detention and deportation.