Conditional Permanent Residence

If you receive your green card based on a marriage that was less than two years old at the time of adjustment, you will be granted conditional permanent residence. Conditional permanent residence expires after two years, unless you file a petition to remove the conditions in the three months before the card expires. (Late filings may be accepted for good cause.)

The purpose of this petition is to prove to the USCIS that you married in good faith, i.e., you did not marry to circumvent immigration laws. With the petition, you should submit a variety of evidence to show that you and your spouse live together, spend time together, and have finances together. If you and your spouse are still together, you file the petition jointly.

Waivers to Joint Filing

If you are no longer with your spouse, you may be able to remove the conditions through one of the exceptions to joint filing:

  • Your marriage has been terminated through death or divorce.
  • You or your conditional resident children were abused or subjected to extreme cruelty.
  • You would suffer extreme hardship if you were deported. USCIS will only accept reasons for hardship that arose after you were granted conditional residence.

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