Conditional Green Card After Marriage: What You Must Know

If you received a green card based on marriage and your relationship was less than two years old at the time of approval, you were likely granted a conditional permanent resident card—valid for two years only. Here’s what it means and how to secure your permanent status.


🧾 What Is a Conditional Green Card?

A conditional green card is a temporary status granted to foreign spouses who have been married for less than two years when their green card is approved. It is issued to prevent marriage fraud and to ensure the relationship remains genuine over time.


📆 When Does It Expire?

  • It expires exactly two years from the date it’s issued.

  • You must remove the conditions within 90 days before the expiration date—or risk losing your legal status.


📌 Who Gets a Conditional Green Card?

  • Spouses of U.S. citizens or lawful permanent residents who were married less than two years when the green card was granted.

  • Includes children who obtained residency through the same marriage-based petition.


📝 How to Remove Conditions (Form I-751)

To convert your conditional status into permanent residency, you must file Form I-751, Petition to Remove Conditions on Residence, with supporting evidence.

🔑 Key Requirements:

  • File jointly with your U.S. citizen or green card holder spouse (in most cases)

  • Submit the petition within 90 days before your card expires

  • Provide proof that the marriage is ongoing and genuine


🧾 Evidence of a Bona Fide Marriage

Examples include:

  • Joint lease or mortgage

  • Birth certificates of children

  • Shared bank accounts and credit cards

  • Utility bills, insurance, and tax returns filed jointly

  • Travel records and photographs


❗ What If You’re Divorced or Separated?

You may still file Form I-751 with a waiver, without your spouse, if you:

  • Entered the marriage in good faith but divorced later

  • Were abused or subjected to extreme cruelty

  • Would suffer extreme hardship if removed

In such cases, strong supporting evidence is essential, and legal support is highly recommended.


🔍 What Happens After Filing?

  • Receipt notice (Form I-797): Confirms you’ve applied and extends your residency.

  • Biometrics appointment: USCIS will collect fingerprints and photo.

  • Interview (sometimes): Especially if red flags or insufficient evidence.

  • Approval: 10-year permanent green card is issued.


⏳ What If You Miss the Deadline?

Failing to file I-751 in time may result in:

  • Loss of status

  • Initiation of removal (deportation) proceedings

You may submit a late filing with an explanation, but you must act quickly.


⚖️ Legal Help Can Make a Difference

If you’re approaching the two-year expiration or facing a complicated case (divorce, abuse, lack of documentation), a qualified immigration lawyer can:

  • Help prepare a strong I-751 petition

  • Advise on waivers

  • Represent you in interviews or hearings

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