The Condition on the Permanent Resident Status will apply to foreign nationals who got married within 2 years of adjusting his or her status, or when entering the United States as a Green Card holder (LPR). This 2-year condition is imposed by the USCIS to avoid marriage fraud. This condition will not apply to foreign nationals married more than 2 years from the time of the adjustment of status, or admission to the United States as Legal Permanent Resident, because there is no longer a presumption of marriage fraud.
It is important to note that, the condition on the Permanent Resident must be removed within 90 days of the expiration of the Green Card. Married spouses must file a Joint Petition to remove such condition. The form necessary is the I-751, Petition to Remove Conditions on Residence. The USCIS fee for this form is $595 + $85 biometrics fee. A new set of supporting evidence will be necessary to show that the marriage is bona fide. Some of the evidence will include, but not limited to, copy of the Green Card, evidence of the relationship showing joint assets and liabilities, 2 passport-style photos, birth certificate of children born of the marriage, and others.
When the I-751 petition is filed, along with its supporting documentation, USCIS will issue a Receipt Notice, which will serve as proof of lawful status for 18 months, once the Conditional Green Card expires. During this period, the spouse beneficiary will be able to travel using this document. The USCIS may grant an approval without requesting an interview if they feel there is sufficient evidence of bona fide marriage. If the USCIS chooses to schedule an interview it may be to inquire on specific facts of the case, or a waiver may be available if, for instance, the spouses are no longer married.
If the petition is not filed in time, USCIS will terminate the status, and initiate removal proceedings. Please note that waivers are available on several grounds, such as: divorce or annulment, battered spouse, and extreme hardship. For more information on your case, feel free to contact me at email@example.com
Written by Bruna Squires, Associate at Drummond Advisors