Working through your conditional green card
There are many popular misconceptions about the United States Permanent Resident Card, more commonly known as the Green Card, circulating these days. Many people don’t realize that a lot has changed when it comes to obtaining permanent residency in the United States. Under legislation passed in the late 1980s and late 1990s, the most common path to qualify for US residency, marriage, has been greatly restricted and diminished. While marriage is still one of the quickest ways to get a U.S. green card, more often than not, you get a conditional green card first.
If you are applying for permanent resident status through a marriage that is less than two years old at the time you file your green card application, you will receive a conditional permanent resident card. This card will ultimately expire if you do not request that the conditional status be removed. Conditions are placed on your permanent residence as a way for the government to make sure the marriage is not fraudulent or false. A sham marriage is a marriage entered into for the purpose of obtaining U.S. residency. Although the process of becoming a U.S. citizen can be challenging and often daunting, obtaining a conditional green card is nonetheless a positive first step.
As the name implies, a conditional green card places conditions on your permanent residence status. For example, if your marriage ends within two years, it may be considered an admission that the marriage was fraudulent. Under those circumstances, she would lose her permanent resident status and would have to return to her home country. To avoid these types of situations, you should apply to have the conditions removed from your permanent residence status. Unfortunately, the imposed conditions cannot be removed at any time. To remove the conditional status, strict rules must be followed.
The most important rule to remember about a conditional green card is that 90 days before your second wedding anniversary, which is also the expiration of your conditional residency, you will need to apply to have the conditions removed. Your green card will have an expiration date printed in a prominent place. This will make it easier to determine your second wedding anniversary. It is before the expiration date of your permanent resident card that you should ask to have the conditions removed. Please note that the application must be submitted 90 days prior to expiration or it will not be valid.
It is very important that you apply to remove the conditions on your permanent residence three months before the expiration of your permanent resident card. Therefore, you must have a fixed date by which you will file the appropriate forms. If you applied for permanent residence through marriage, you will need to file Form I-751, also known as a Petition to Remove Conditions on Residence. It is crucial that this form is completed before the expiration date of your permanent resident card. If you show up after your green card expires, you could be deported.
When filing the I-751, it is important to note that the form must be filed together with your spouse. In general, if a marriage ends before the two-year period expires, permanent residence is denied unless you can prove that the marriage ended through no fault of your own. Some examples that may exceed the two-year requirement may include that your spouse died or was abusive to you.
Once you have submitted Form I-751, the next step in obtaining your permanent residence is the green card interview. During this interview, you and your spouse will be asked a series of questions about your marriage. You will need to show that you and your spouse have been living together as husband and wife since your wedding. The purpose of this interview is to prove to the immigration authorities that your marriage is legal and that you did not marry your spouse for permanent residence.
Since green card interviews vary from case to case, it is best to be well prepared and honest with your answers. Be prepared to have supporting documentation about your marriage. The more information and evidence you provide to the immigration officer, the better your chances of success. If all goes well, soon your conditional permanent residence will be a thing of the past. While you wait for his petition to be approved, his permanent residence status will be extended in one-year intervals. Regardless of the result, it is better to know what to expect during the conditional green card process.