Conditional Green Cards

Many people mistakenly believe that it is easy to get a green card through marriage. What they often do not realize is that it takes one to two years, thousands of dollars in government filing fees, and a potentially rigorous interview just to get a conditional green card.

If you apply for a green card through marriage to a U.S. citizen or green card holder, but you have been married for less than 2 years, you will receive a conditional green card. These green cards last for 2 years and will expire unless an I-751 is filed. The I-751 must be filed in the 90-day period before the conditional green card’s expiration.

There are 2 basic ways to file an I-751, jointly or separately. A jointly filed I-751 is where the couple is still together and the U.S. citizen or green card holder is willing to petition for the conditional green card to become a permanent green card. This is the default method that the government expects to occur. However, marriage is difficult and not every couple will be on good terms when the I-751 must be filed. In this case, the conditional resident may risk losing their legal status.

If the U.S. citizen spouse or green card holder is willing to state that the marriage was entered into in good faith, but the marriage simply did not work out, the petition can still be successful. If the U.S. citizen spouse or green card holder is unwilling to state that marriage was entered into in good faith, or is stating that the marriage was a fraud, the process becomes more complicated.

Even in this case, it may still be possible to have the conditional green card converted into a permanent green card. There are waivers of the joint filing requirement if the conditional resident was subject to extreme cruelty, or if your removal would pose hardship to your dependents. These waivers are inherently more complicated and a consult with an attorney is necessary. At the Law Office of Kiran Mahal, we offer a free consult to determine what can be done to make your green card permanent.

USCIS I-751 Form and Instructions: This site contains the form and instructions for the petition to remove conditions on a green card.