Removal of Conditions

If you obtained your residency through your spouse and received a conditional green card, you must apply to remove that condition after 2 years in order to obtain unconditional permanent residency.

What Is Conditional Residency?

If you were sponsored by your spouse and you had been married for less than 2 years when your case was approved, you received conditional residency valid for only 2 years. This condition is designed to protect against fraudulent marriages.

When Should You File to Remove Conditions?

You must file to remove conditions:

• Between 90 days BEFORE your conditional resident card expires
• Or up to 6 months AFTER it expires (with documentation of good faith)
• Using Form I-751 (Petition to Remove Conditions on Residence)

Requirements to Remove Conditions

You must demonstrate that the marriage is bona fide (not fraudulent):

• Joint tax returns (for the last 2 years)
• Joint bank accounts or shared financial transactions
• Mortgage or lease agreement in both names
• Birth certificates of children born to the marriage
• Family photographs
• Letters from friends and family attesting to the relationship
• Joint insurance policies
• Joint medical records

Exceptions to the Joint Filing Requirement

In some cases, you may file to remove conditions on your own:

• If your spouse has passed away
• If you are in danger of abuse by your spouse (VAWA waiver)
• If the marriage ended in annulment or divorce
• If you qualify under the widow/widower exception

Benefits of Unconditional Residency

Once the condition is removed:

• Green card valid for 10 years
• Freedom to travel outside the United States
• Greater stability in your immigration status
• A clearer path toward naturalization

What You Should Know

It is critical to file on time. Missing the deadline can result in denial of your petition and revocation of your residency. An attorney can help compile the proper documentation to demonstrate good faith.