A conditional green card for marriage lets you stay in the U.S. as a temporary resident. To become a permanent resident, you must remove the conditions from your green card and reapply for residency. It’s a complicated process, but here are the basic steps involved.
Step 1: Determine If You’re Eligible for a Permanent Green Card
You must meet some specific requirements if you have a conditional green card and want to apply for permanent residency. First, you must submit your form within 90 days of the second anniversary of receiving your conditional green card. Submitting your application early or too late is grounds for an automatic rejection by U.S. immigration authorities.
You must also submit your application jointly with your spouse (who must be a U.S. citizen or lawful permanent resident) if you’re still married to them. However, you can submit your application without your spouse if:
- Your former spouse is deceased, but you got married in good faith
- You got married in good faith, but your marriage ended through a divorce or annulment
- You got married in good faith, but your spouse battered or abused you or your child
- Your loss of residency status and removal from the U.S. would result in “extreme hardship”
Keep in mind that removing the conditions of a marriage-based green card and receiving permanent resident status is much more complicated if you don’t file a joint application with your spouse. Immigration officials are always watching for fraudulent marriages, and submitting your application without your current or former spouse may cause them to scrutinize your application more closely.
Step 2: Complete Form I-751
The next step in removing the conditions from your marriage-based temporary green card is to complete Form I-751. This form is your official application to remove the conditions from your temporary green card. Fill it out completely and honestly.
Step 3: Calculate Your Fees
In most cases, you must include a fee with your application to remove the conditions of your temporary marriage-based green card. (You can find the government’s immigration fee calculator here.) The standard fee for an application to remove the conditions of a temporary green card is $750. You can apply for a fee waiver, though the government does usually grant waivers unless you can show your spouse battered you or subjected you to “extreme cruelty.”
Step 4: Gather Evidence of Your Marriage
You must include evidence that your marriage is legitimate with your application. Some evidence immigration officials recommend you submit with your application includes:
- Birth certificates for any children from the marriage born in the U.S., if any
- Lease or mortgage contracts showing you and your spouse live and pay for a shared home
- Financial records for shared bank accounts with your spouse, joint tax filings, etc.
- Sworn affidavits from at least two people who know you well and can testify about your legitimate marriage
Step 5: Submit Your Application
Gather your application form, supporting evidence, and payment for your filing fee, then mail your documents to U.S. Citizenship and Immigration Services (USCIS). The mailing address depends on where you live – you can find the address you need here.
Step 6: Prepare for Your Interview
USCIS doesn’t require interviews for all applications, but you should prepare for an interview nonetheless. If you must attend an interview, USCIS will mail you a notice. An immigration lawyer can help you prepare for your interview and tell you how to avoid common mistakes.
Contact a New York Immigration Lawyer Now
The New York immigration attorneys at the Rahimi Law Firm can help you with your application for permanent residency to give you the highest likelihood of success. Call now or complete our contact form for a free consultation.
