REMOVAL OF CONDITIONAL RESIDENT STATUS

The removal of conditional resident status applies to aliens who obtain their conditional green card through their US spouse or partner. If a foreigner marries a US citizen or enters into a civil partnership with a US citizen, they are granted a conditional green card. The conditional green card is valid for two years and must be removed within 90 days prior to expiration.

Points to Remember

Eliminate Conditional Resident status

To remove conditional resident status, the alien and his or her spouse or partner must jointly file Form I-751, Petition to Remove Conditions on Residence. The petition must be filed within 90 days prior to the expiration date of the conditional green card.

Removal process

The removal of conditional resident status can be complex and requires proof that the marital or partnership relationship is bona fide and not established solely for the purpose of obtaining permanent residence in the United States. Applicants may be interviewed and may be asked to provide additional documentation to support their application.

What to take into account

It is important to note that if the alien does not file the petition to remove the conditions on residence on time, they will be considered to have abandoned their lawful status in the United States and could face deportation.

Evidence to present.

The evidence that must be presented includes, but is not limited to:

Documents proving a common life, such as joint lease agreements, joint utility bills, etc.
Evidence of a joint financial commitment, such as joint bank accounts, joint credit card statements, etc.
Evidence that household and family responsibilities have been actively shared, such as joint health insurance cards, school records for joint children, etc.
Evidence that the couple or marriage has been publicly recognized, such as photographs together, testimonials from friends and family, etc.