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.
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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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Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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