Is it Possible to Remove Conditions on my Status Based on Marriage?

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marriage based status

If your permanent resident status is based on a marriage that was less than two years old on the day you became a permanent resident, your status is conditional. When you are either admitted to the United States on an immigrant visa or adjust your status to that of a permanent resident, the United States Citizenship and Immigration Services (USCIS) gives you conditional permanent resident status. Your status will remain conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. For more information on how you may remove conditions on your status based on marriage, please continue reading, then contact an experienced green card – marriage lawyer today.

Am I eligible to remove conditions on my status based on marriage?

Within ninety days of your two-year Green Card, i.e. Permanent Resident Card, expiring, you must file a Form I-751 with your spouse. The USCIS may automatically terminate your status and issue you a Notice to Appear (NTA) if you do not file on time. At any time after the USCIS has granted you conditional status, you may file to remove conditions on your permanent residence status without your spouse if:

  • You entered into the marriage in good faith, but your spouse has since died
  • You entered into the marriage in good faith, but the marriage ended through divorce or annulment
  • You entered into the marriage in good faith, but your spouse battered or subjected you to extreme cruelty
  • Termination of your status and removal from the United States would result in extreme hardship

How do you file to remove conditions on your marriage-based green card?

When filing to remove conditions on your marriage-based green card, you must do the following:

  • Read the instructions for Form I-751, Petition to Remove Conditions on Residence
  • Complete and sign your Form I-751
  • Pay the filing fee, if applicable
  • Provide all required evidence and supporting documentation

Please bear in mind that your specific circumstances will determine the filing fee and which evidence you will need to provide. That is why you should strongly consider speaking with a lawyer skilled in family immigration first.

Contact our experienced firm

If you have any immigration-related matters, contact the Lightman Law Firm to schedule your initial consultation today.