How do I remove the two-year limit on my conditional permanent residence through marriage?
Conditional permanent residence is granted to you if you have received a green through marriage. If your marriage is less than two years old when a you became a permanent resident, then your green card will expire after two years.
You and your US citizen spouse should submit a Form 1-751 Petition to Remove Conditions on Residence to apply for a 10-year green card during the 90-day period before your two-year green card expires. Failure to do so will result in the loss of your permanent resident status.
In April 2022, USCIS announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.
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If your marriage ends in divorce, your citizen spouse dies or you suffer spousal abuse, you can apply for a waiver of the joint petition requirement at any time before the end of the two-year period. In the absence of a joint petition, the USCIS will carefully scrutinize your I-751 and the attached exhibits demonstrating the bona fides of your marriage. Make sure to thoroughly document your petition and be prepared for an extensive interview at the USCIS.
We recommend that any I-751 waiver petition be accompanied by exhibits establishing that you and your ex-spouse resided together and that your marriage was entered into for love, not simply to obtain a green card. Include joint income tax returns, joint checking and bank account statements, insurance policies, wedding photos, affidavits from friends, religious ministers and business associates, and if you and your ex-spouse are still speaking to each other, an affidavit from your ex verifying the authenticity of your failed marriage.
Should your I-751 be denied by the USCIS, there is no appeal. However, if you are placed in removal proceedings, you can renew your I-751 petition before an Immigration Judge.
Conditional Permanent Residence Resources
- Conditional Permanent Residence (USCIS)
- Petition to Remove Conditions on Residence (USCIS)
- Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence (11-30-18)
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Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.