The Removal of Conditions process only happens if you receive a two-year Green Card instead of a 10-year Green Card. It’s applicable to immigrants who got their Green Card through marriage to a U.S. citizen and have only been married a short time.
The United States Citizen and Immigration Services (USCIS) states that your Green Card status “is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident” (uscis.gov). This means that if you apply for a Green Card very soon after getting married, you will likely also need to go through the Removal of Conditions process.
If you are unsure if you need to go through this additional process, check the expiration date on your Green Card. If it expires after only two years, then you will need to go through this process. If you still aren’t sure or have questions regarding the expiration date, consult with your attorney; they will be able to answer your questions.
Sometimes USCIS gets things wrong, and if you’ve been granted a 10-year green card even though you’ve been married for less than two years when you received the Green Card through your spouse, you should see an immigration attorney immediately to get the mistake fixed. If USCIS mistakenly gave you a 10-year green card, you will still need to do Removal of Conditions.
USCIS is very strict with the timeline of your marriage. We’ve had clients who interviewed and were approved for a Green Card a day before their 2-year anniversary, and their Green Card was only good for two years.
In the following sections, we’ll cover more of the purpose of the Removal of Conditions as well as the process to submit the forms.
Why is this Removal of Conditions process necessary?
USCIS is always looking for marriage fraud. Thus, USCIS requires you to provide additional proof after obtaining your Green Card so they can verify that your marriage and relationship are legitimate.
Unfortunately, some marriages are not legitimate, so USCIS want to ensure that the immigrant's intentions are honest when an immigrant marries a U.S. citizen. For example, when Tim Jones was in law school many years ago, he did an internship with a federal judge. Tim sat in on court hearings where immigrants had fraudulently married U.S. citizens only for the purpose of getting a Green Card. These immigrants received a criminal conviction of marriage fraud.
There are many ways to prove that your relationship is legitimate. Your attorney will know what evidence will be best for you to submit. We’ll discuss what you could prepare in the next section.
What is the process for Removal of Conditions?
You can submit the required documents up to 90 days before your Green Card expires. Do not wait until your Green Card expires as this could complicate the process and your legal status in the United States. However, you also don’t want to file too early; if you file more than 90 days before your Green Card expires, USCIS will reject your case.
Your attorney will file the I-751 form. This is the application to remove the conditions on your resident status. Additionally, you’ll need to submit documentation proving your relationship with your spouse. This could include joint bank statements, pictures, mortgage loans, lease agreements, and affidavits from friends and family, among many other things. Your attorney will be able to help you determine which items will be best to provide.
How long does the Removal of Conditions process take?
The processing time for the Removal of Conditions often takes two years. Do not be too concerned regarding that long wait time. When USCIS receives your forms and your evidence, they will send you a receipt notice. Due to the long processing times, this receipt notice will usually include an extension for your Green Card so that you can still work and travel without issue. In this extension notice, your Green Card expiration date may be extended up to 48 months.
If you have concerns about your employment status or traveling during this process, your attorney will be able to advise you about what you should do.
Attorney Tim Jones
Our team at the Law Office of Timothy Jones can help you with your Removal of Conditions paperwork before your Green Card expires. After meeting with Tim Jones, we will communicate with you regarding the documents and information we need to fill out all the appropriate forms and supporting documents.
You can be at ease regarding your matter because Attorney Jones specializes in immigration cases, so he knows the newest updates to the complex requirements and forms so you can keep your legal status without any worry. Give us a call to schedule a consultation to meet with Attorney Tim Jones so he can assess your case!
