What is removal of conditions on US residency

The IR1/CR1 Visa, also known as the Spouse Green Card, is categorised under Family-Based Green A conditional green card is a type of U.S. permanent residency given to immigrants who have been married to a U.S. citizen or permanent resident for less than two years at the time of their residency being granted. These green cards are given on a “conditional” basis, meaning that it is only valid for two years.

Once the two years are coming to an end, you can apply for a 10-year permanent resident green card. To do this, you must file a Form I-751, Petition to Remove Conditions on Residence. This process needs to be completed within the 90-day period before your conditional green card expires.

Once the I-751 is filed, the conditional resident’s status is automatically extended for 48 months while the form is processed. This extension will be invalidated as soon as the 10-year permanent resident green card is provided.

The purpose of a removal of conditions on US residency

The main purpose of the removal of conditions is to ensure that a marriage was not entered into fraudulently for the purpose of evading immigration laws. When filing the I-751, the couple would need to prove that they are still married and living together, or if that is no longer the case, provide enough evidence to show that the marriage was entered into in good faith.

I-751 Requirements

There are a selection of requirements for filing an I-751;

  • Proof of marital status
    • This form is filed by the conditional resident and their lawful permanent resident spouse.
  • Proof of bona fide marriage – this can be;
    • Written statements from friends and relatives attesting to the authenticity of the marriage
    • Joint bank account statements
    • Joint tax returns
    • Lease or mortgage agreements showing both persons names
    • Birth certificate of children born to the marriage
    • Photos of both persons together at different times and places

Relevant waivers

There are a selection of scenarios, where you may still be eligible for a 10-year permanent resident green card, despite no longer being in the marriage as long as a waiver is filed. These include;

  • Loss of US citizen/permanent resident spouse
    • If your spouse has passed away after your conditional green card was issued
  • Divorce/annulment waiver
    • If you went through a divorce, or annulled your marriage
  • Extreme hardship waiver
    • If the conditional resident can prove that they would suffer extreme hardship if returned to their home country. The hardship must be more significant than what the typical person might experience in similar circumstances. ( e.g. Ongoing medical treatment in the U.S. when their home country lacks the medical facilities to support them, extreme economic conditions, safety concerns and more)
  • Abuse waiver
    • If you can prove conditions of extreme cruelty or abuse (such as police reports, restraining orders, medical records, etc.).

Removal of conditions interview

Though this doesn’t apply to everyone, in some cases both individuals may be required to attend an interview. This interview is typically conducted as an additional step to verify the marriage legitimacy.

If approved by USCIS (the U.S. Citizenship and Immigration Services), the conditions of the original green card will be removed, and you will receive a 10-year green card. If the I-751 isn’t filed, or is denied, you may lose your permanent resident status and could face deportation.

How Blue Lake Law can help

Our team at Blue Lake Law have a comprehensive understanding of the U.S. legal system, and its many complexities. We’re here to offer expert advice and support tailored to your unique case, ensuring we can help you get the green card or citizenship assistance you need.

Whether you’re navigating the initial application process or facing challenges along the way, our experienced team are committed to helping you along the way.