Conditional permanent residence in the United States refers to the status granted to spouses of U.S. citizens or permanent residents who have been married for less than two years at the time of receiving their green card. This status is conditional because it is only valid for two years and to make it permanent the couple must prove that their marriage is genuine to remove the conditions and obtain a permanent green card.
Key Points of Conditional Marriage in the U.S.:
- Initial Green Card (Conditional Residence):
- When a foreign national marries a U.S. citizen or a lawful permanent resident, they can apply for a green card (permanent residence). If the marriage is less than two years old when the green card is approved, the immigrant spouse receives a conditional green card valid for two years.
- Purpose of the Conditional Status:
- The U.S. government introduced conditional residency to prevent fraudulent marriages, where individuals marry solely to obtain immigration benefits. The two-year conditional period allows the government to verify that the marriage is genuine and not entered into for immigration purposes.
- Filing to Remove Conditions:
- Before the two-year conditional period ends, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, with U.S. Citizenship and Immigration Services (USCIS). This form must be submitted within the 90-day period before the conditional green card expires.
- The couple must provide evidence that they are still married and that their marriage is bona fide. Evidence can include joint financial records, children born during the marriage, shared property, and other documents that demonstrate the couple’s life together.
- Waivers:
- In cases where the marriage has ended in divorce or annulment, or where the conditional resident spouse has been subjected to abuse or extreme hardship, the conditional resident may apply for a waiver to remove conditions without the U.S. citizen or permanent resident spouse’s involvement.
- Approval and Permanent Green Card:
- If USCIS approves the petition, the conditional status is removed, and the immigrant spouse is granted a permanent green card, valid for 10 years.
- If the petition is denied, the conditional resident may be placed in removal (deportation) proceedings.
- Impact of Divorce:
- If the marriage ends before the conditions are removed, it complicates the process. The immigrant spouse would need to apply for a waiver and demonstrate that the marriage was entered into in good faith despite its termination.
Conclusion
The conditional marriage status and subsequent removal of conditions are critical steps for immigrant spouses in the U.S. It ensures that marriages are genuine and that the immigration system is not misused for obtaining permanent residency through fraudulent means. Successfully navigating this process requires careful preparation and documentation to demonstrate the authenticity of the marriage.
If you need assistance with your immigration case or have any questions about conditional marriage and other related matters, you can contact our Vancouver, USA immigration lawyer at YA Law Corporation. Our office is conveniently located in downtown Vancouver, and we are here to help with all your immigration needs.