A Conditional Green Card is a type of temporary residency given in specific situations. If you have one, it’s important to know how to remove those conditions permanently.
A Conditional Green Card is given for people who got residency through marriage at a time when they have been married for less than two years. Even though it’s conditional, it gives you the same benefits as a permanent Green Card. The main difference is that it’s only valid for two years and can’t be renewed.
To get permanent residency, you need to remove the conditions from this Green Card. So you’ll eventually need to go through the process if you plan on staying in the US longer term. The process can take up to 3 years, but don’t worry—you can use your receipt notice (Form I-797) along with your Green Card as proof of residency. You can use this for up to 48 months after your Green Card expires.
Process for Removing Conditions from a Green Card
Before you start this process, keep these two requirements in mind:
- If you’re still married, start the process 90 days before your Conditional Green Card’s two-year expiration date.
- If your marriage has ended, you’ll need to prove it was real while it lasted. This might include showing financial records, proof that you lived together, and, if needed, evidence of abuse or meaningful reasons for the divorce.
With that said, to remove the conditions from your Green Card, you’ll need to file Form I-751 along with a joint petition. Here are three common scenarios:
- If you’re still married to the spouse who sponsored you: Submit the form during the 90 days before your Green Card expires.
- If you’re filing on your own: You can file anytime after getting your Conditional Green Card if the marriage ended due to annulment, divorce, death, abuse, or extreme cruelty, among other reasons.
- If your Green Card has already expired: In some cases, you can start the process after it expires. Be sure to include a letter explaining why you couldn’t file on time.
In the past, couples had to attend an in-person interview with USCIS authorities. However, as of April 7, 2022, this requirement was removed if the authorities find the marriage evidence you mailed to be sufficient.
What You Need to Fill Out Form I-751
When filling out the form, you’ll need some personal information. You’ll need to provide your A-number (found on your Green Card) and your U.S. Citizenship and Immigration Services (USCIS) online account number, which you can check in your profile on the official agency website.
Next, you’ll need to update or confirm your mailing address. You’ll also need to include your biographical information, such as your ethnicity, weight, height, and other details. At the end, select the box to indicate if you’re filing a joint petition (with your spouse) or on your own.
Then, you’ll need to provide information about any children, your spouse, or any disabilities (if applicable). Finally, your spouse must confirm the information if they’re sponsoring the process. And if you got legal help during the process, your lawyer or consultant must enter their details in the last section of Form I-751.
You’ll need to mail this application along with the following documentation:
- A copy of the front and back of your Conditional Green Card and your children’s cards (if needed).
- Documents proving the legitimacy of the marriage: mortgage papers, lease agreements, shared property or bank accounts, and joint tax returns.
- Birth certificates of any children born during the marriage, voided checks with the same home address, affidavits from friends or acquaintances, and even family photos.
- Details of any convictions or charges during the time your Green Card was valid.
Cost of Removing Conditions from a Green Card
Each situation is different. Check the official USCIS website for instructions on how to remove conditions from a Conditional Green Card based on your specific case. And if needed, seek specialized help to make the process easier.
The cost to remove the conditions from your Green Card and file Form I-751 is $750 USD. However, if you’re filing on your own due to abuse or extreme cruelty, the fee is waived. This form is also eligible for a fee waiver if you receive income-based benefits, your income is at or below 150% of the Federal Poverty Level, or due to financial hardship.
Get ready for success on your journey to residency in the U.S. At Alvva, we’re dedicated to providing the essential information and peace of mind you need. If you’re looking for help with your Green Card application, you can contact us to check your eligibility.
