When a foreign national marries a U.S. citizen, they become eligible to apply for a green card, which grants them lawful permanent resident (LPR) status in the country. However, depending on the unique circumstances of the union, spouses may receive conditional permanent resident status instead. It’s important to understand that this status comes with specific requirements that must be met before an individual can reap the full benefits of permanent residency. If you have any questions related to your legal status, please don’t hesitate to contact a seasoned Middlesex County, New Jersey Green Card Lawyer for advice and skilled representation.
What Spouses Are Subject to Conditional Permanent Residency?
As mentioned above, when a foreign national becomes a lawful permanent resident based on their marriage to a U.S. citizen or LPR spouse, they become a conditional permanent resident for two years. A foreign national only becomes a conditional permanent resident instead of a full lawful permanent resident if they have been married for less than two years at the time their green card was approved. Essentially, this means that it is only valid for two years.
The purpose of conditional permanent resident status is to ensure that the marriage is bona fide. USCIS wants to ensure that it’s a gengune marriage that was not entered into solely for immigration purposes. Since two years is not that long to be in a legal union, the relationship is not yet sufficient to warrant full permanent residence for the foreign spouse. Conditional permanent resident status is granted to prevent foreign nationals from obtaining full LPR status if the marriage was not entered into in good faith.
How Do I Remove Conditions on a Green Card Based on Marriage?
If you are a conditional permanent resident, at the end of the two-year validity period, you are eligible to apply to remove conditions of your permanent residence status. If you don’t take the necessary steps to remove the conditions in time, you could lose your legal status in the country and potentially be deported. You must file Form I-751, Petition to Remove Conditions on Residence. This must be completed and submitted within 90 days before your status expires. If you fail to do so, your application may be returned or denied. You should note that this form is a joint petition, meaning you and your spouse must complete it together. However, there is a waiver for filing the petition to remove conditions on permanent residency individually if you don’t meet the joint filing requirements.
Furthermore, you’ll have to provide evidence that your marriage is legitimate such as pictures together, joint financial statements, etc. There is also a filing fee of $70 that needs to be submitted along with your application.
As you can see, this process can be complex. At the Law Offices of Aditya Surti, LLC, we are prepared to guide you on your path to permanent residency. Connect with our firm today to learn more about what we can do for you.
