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Removing Conditional Residence
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If you obtained lawful permanent resident status as the spouse of a U.S. citizen, the spouse of a lawful permanent resident or as the fiancé(e) of a U.S. citizen by a marriage that is less that two years old, your lawful permanent resident status will be conditional. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.
- You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.
- If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
- If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.
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