Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Removing Conditions On Permanent Residence Based On Marriage

At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition. You must file a Form I-751 (Petition to Remove the Conditions on Residence). All petitions should be sent to the Service Center that serves the area where you live. Failure to file will result in loss of your resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.

Do I Need to Be Physically Present in the United States at the Time of Filing?

The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement. 

Is a Personal Interview of the Joint Petitioners Required?

You and your spouse must appear for a personal interview at the district office that serves that area where you live. However, the director of the regional service center where you file your petition has the discretion to waive the interview requirement. The director will review the petition to determine whether an interview is required. If the director is satisfied based on the written petition that your marriage was not entered into in order to obtain immigration benefits, he or she may waive the interview requirement and approve the petition. If the director is not satisfied of the validity of your marriage based on the petition, he or she will forward the petition to the district office to conduct an interview. 

How Can I Get a Waiver of the Requirement to File a Joint Petition?

If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement by filing a Form I-751 (Petition to Remove the Conditions on Residence). You may request that the Service consider more than one basis for a waiver at the same time. If the waiver is approved the conditions on your conditional residence will be removed.

You may request a waiver of the joint petitioning requirements if:

  • Your deportation or removal would result in extreme hardship
  • You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
  • You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of lawful permanent resident spouse, and you were not at fault in failing to file a joint petition.

Please see USCIS Form I-751 (Petition to Remove the Conditions on Residence) for more specific information on waivers. 

Can Kolken & Kolken help me remove the Conditions from my lawful permanent residency?

Of Course. We welcome the opportunity to assist you.  Please contact our office to schedule an appointment to speak to one of the partners of the firm about your case.

Click here to see how we can help you.