If you received a green card through marriage to a U.S. citizen or lawful permanent resident and your marriage was less than two years old at the time of approval, you likely have a conditional green card. This type of green card is valid for two years and includes requirements to confirm the legitimacy of the marriage. Here’s what you need to know about the 2-year rule and maintaining your path to permanent residency.

 

 

Why Are Conditional Green Cards Issued?

 

USCIS issues conditional green cards to spouses in newer marriages to deter immigration fraud. The 2-year validity period allows USCIS to evaluate whether the marriage is genuine. During this time, document your life together as a couple, including shared finances, living arrangements, and other evidence of a bona fide relationship.

 

Removing Conditions on Your Green Card

 

To change a conditional green card to a 10-year permanent resident card, you must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before your card’s expiration date. If your spouse can jointly file the petition, include documentation proving your marriage is legitimate. If the marriage has ended due to divorce, annulment, or abuse, you may file a waiver and provide evidence to support your eligibility.

 

What Happens If You Miss the Deadline?

 

Missing the Form I-751 deadline can result in losing your conditional resident status and facing removal proceedings. If you’ve missed the deadline, contact an immigration attorney immediately. They can help you file a late petition, and potentially a waiver of the joint filing requirement, and guide you through the process.

 

Conclusion

 

Managing a conditional green card requires attention to deadlines and keeping thorough records. Save evidence of your shared life, such as joint tax returns, bank accounts, leases, and photos. If you have questions or challenges, consulting with an immigration attorney can help ensure a smooth transition to permanent residency.

 

If you need assistance with your Form I-751 or have questions about conditional green cards, contact Agarwal Law Group at 703-348-1663 to schedule a consultation.