Conditional Permanent Residence

If you are married less than two years at the time you received your green card, you will be granted conditional permanent residence. This status expires after two years, unless you file a petition to remove the conditions. You have to file in the three months before the card expires, unless you have a good reason for filing late. 

The purpose of this petition is to prove to the USCIS that you married in good faith, i.e., you did not marry just to get a green card. 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.