Getting married to a U.S. citizen or permanent resident does not guarantee a full-fledged green card right off the bat. Conditional green cards are issued to individuals who have been married for less than 2 years at the point when their green card is approved and while you are authorized to live and work with this conditional green card it is valid for a finite time after which you have to update your status and petition to remove the conditions on your permanent resident status. In this guide, we’ll explore how to obtain a conditional green card then how to transition to a “permanent” green card. VisaNation makes the entire marriage immigration process easy and simple. Get started today!
Have a free call about Removal of Conditions Today
Conditional Green Card vs Permanent Green Card
What is a Conditional Green Card?
A conditional green card, abbreviated CR-1, is valid for two years and issued to foreign nationals who have been married for less than two years. With this green card, you must apply to remove conditions in the 90-day period before it expires in order to avoid losing status and having to depart the United States. Part of the process to remove the conditions on your permanent residency is to once again demonstrate that your marriage is genuine.
Petition to Remove Conditions
If your conditional green card is nearing the end of its validity period, you need to petition to remove the conditions using Form I-751. This is considered a joint petition to remove the conditions since both you and your partner will sign it (exceptions listed below for divorce, abuse cases, etc.)
Reunite with Your Spouse Sooner
When do you file Form I-751?
You should plan to file within the 90-day window before your conditional green card is set to expire. Along with this form, you will need to provide adequate evidence that your marriage is authentic.
The couple should submit documents showing the marriage during the conditional period including:
- Joint bills
- Joint lease/mortgages
- Tax returns
- Photos of you both together over the past two years
- Children’s (if any) birth certificates
A marriage green card lawyer can best guide you through which documents to include in your filing package.
If you have dependent children who acquired conditional resident status on the same day as you or within 90 days thereafter, then include the names and Alien Registration Numbers (A-Numbers) of these children in Part 5. of Form I-751 in order to request that the conditions on their status be removed as well.
Conditional Green Card and Marriage
Can I file Form I-751 without my spouse?
You can do so without your spouse if any of the following conditions apply:
- The marriage was entered in good faith but the spouse is not deceased
- The marriage was entered in good faith but the union is now terminated due to annulment or divorce
- The marriage was entered in good faith but there is domestic violence or extreme cruelty by the petitioning spouse
- You are the child of a conditional resident parent who entered the marriage in good faith but you have been subject to violence or extreme cruelty by your parent’s spouse or by the conditional resident parent
- Losing your status and being removed from the U.S. would cause ‘extreme hardship’
If you are filing with the request to have the joining requirement waived (filing individually) you can do so between the time your are granted conditional resident status and before being removed from the U.S.
If extraordinary circumstances arise and you are unable to file (not due to your fault) you are permitted to file late but must include a detailed explanation of the reason you’re filing late to USCIS.
Green card wait times can be much longer if your application is completed incorrectly or if you choose an application pathway that does not apply to your situation. VisaNation takes the guesswork out of the equation and ensures that your application is tailored for the correct application pathway. Create your application today!
Complete Your Green Card Application Today
What Is The Cost To Remove Conditions on Conditional Green Card?
- The filing fee for Form I-751 is $700 for online filing and $750 for paper filing
- The fee is reduced to $0 for those who filed a waiver of the joint filing requirement based on battery or extreme cruelty.
To get to the biometrics stage, your application must pass the initial assessment stages. This means that the USCIS will check whether you have provided all of the necessary documents and forms first, before allowing you to progress to the biometrics stage.
VisaNation ensures that you have all of the necessary documentation and that your application is error-free. Start your application today!
What to Bring to Your Biometrics Appointment
Review your biometric appointment sheet to see what exactly they’d like you to bring. You’ll definitely need a form of government photo ID such as :
- Driver’s License
- Passport or ID issued by home country
- Military or state-issued photo ID
Do your best not to miss this appointment however, if you do need to reschedule it call USCIS at 1-800-375-5283 (TTY 1-800-767-1833) prior to the scheduled appointment date. If you do not show up to your appointment or reschedule it through the proper channels, USCIS will consider your application abandoned and subsequently deny it.
Let Us Help You With Marriage Immigration
Documents to Support Good Faith Marriage
- Birth certificates of children born during marriage if applicable
- Joint housing contracts like mortgages or leases
- Joint financial accounts (checking/savings), joint tax returns
- Insurance policies with the spouse as the beneficiary
- Joint utility bills
- Copies of military Leave and Earnings Statements showing receipt of Basic Allowance for Quarters (BAQ) with family members for military members
- Sworn affidavits by friends who are familiar with the relationship
Conditional Green Card vs Permanent Green Card Timeline
- File Form I-751, Petition to Remove Conditions
- Within a few weeks, receive Form I-797C Notice of Action (receipt letter) from USCIS, which confirms USCIS recieved and is processing your petition. For properly filed I-751 petitions, the notice also extends the validity of your conditional permanent resident status for 48 months beyond the expiration date on your green card, while the petition remains pending.
- Make a copy of this letter and have it with you at all times along with your expired conditional green card as proof of your status. Keep the original letter in a secure place.
- A short time after, you’ll receive a letter from USCIS with information regarding your biometrics appointment to be done at a local USCIS office. At this appointment, they will take your fingerprints, signature and a photo. This information will be used to make your new permanent resident card.
- You and your spouse will need to have an interview with a USCIS officer (sometimes this can be bypassed). After the immigration officer reviews your case, you will then get an approval notice, and you will be mailed your 10-year green card. Notably, I-751 processing can take two years or longer in many cases. If you are eligible to apply for naturalization under the three-year rule for spouses of U.S. citizens, you may file Form N-400 while the I-751 is pending. USCIS may coordinate the I-751 review with the naturalization process.
Traveling After Conditional Green Card Expiration
After you receive the I-797 receipt notice confirming the 48-month extension, you should bring both your expired conditional green card and the I-797 receipt notice when traveling internationally.
Together, these documents serve as evidence of your continued permanent resident status and may be used to return to the United States after temporary foreign travel
Frequently Asked Questions About Conditional Green Cards
My conditional green card expired, can I still work?
If your conditional green card expired but you filed Form I-751, then your resident status is automatically extended for 48 months while your case is processed by USCIS.
On the receipt notice it will say “Your conditional permanent resident status is extended for 48 months from the expiration date on your Form I-551, Permanent Resident Card (also known as a Green Card).” That means you are legally able to travel out of the United States and work in the U.S. for those 48 months.
Do I need to file an extension for this 48-month period?
No, as long as you have submitted Form I-751 prior to the expiration of your conditional green card, this extension is automatic.
What if I am asked for my papers?
If someone asks you can show them the receipt notice from USCIS (mailed within 8 weeks after filing Form I-751) and your expired green card as these serve as proof of your status.
What if my conditional green card expired and I didn’t file Form I-751?
In these cases, you should seek help from an immigration attorney sooner than later. Being proactive with your immigration status is the best way to ensure you can live, work and prosper in the United States. Contact us today.
Can someone with a conditional green card do everything a permanent green card holder can?
Yes, apart from the fact that after the two years, the conditional green card holder has to apply to remove conditions, they have the same rights.
Do people with 10-year green cards need to file Form I-751?
No, they do not. Only those with conditional 2-year green cards.
What does IR1 on my green card mean?
This stands for immediate relative.
Does my time as a conditional resident count towards my citizenship?
Yes, it does.
What is a CR6 green card?
CR is the class of admission so if you see CR6 that means you have a conditional green card.
Is an interview required?
If you and your spouse are filing jointly to remove the conditions then you likely will not need an interview unless important information is missing from your petition packet. The odds of having to go through an interview are higher if you are requesting to waive the joint filing requirement, which is the case if you are divorced.
How long does it take to get permanent green card from conditional?
Once you have filed Form I-751, Petition to Remove Conditions on Residence, the processing time for your permanent green card is typically over two years. One year after applying to remove conditions, you can file for naturalization even if it is pending.
What is the difference between a conditional and permanent resident?
A conditional green card is valid for two years while permanent green card (granted to permanent residents) is valid for ten years.
Can I cancel my spouse’s conditional green card?
The complexity of canceling spouse’s green card depends on if their I-130 or I-485 petition has been approved yet. If they have not been approved yet then the process is pretty straightforward. The sponsor will need to request a reversal of the petition with a letter to USCIS and include any tracking numbers. In the event that the green card has already been approved (but not yet issued) then you must include a reason you are requesting the withdrawal. If the green card has already been approved and the individual has already received status as a U.S. citizen then you will need to prove that fraudulent activity has taken place.
Who gets a 2-year conditional green card?
Individuals who have been married for less than two years are issued conditional green cards.
Do EB-5 recipients get conditional green cards?
Yes, these individuals must also have conditional green cards for two years prior to becoming permanent residents. Learn more about EB-5 investor green cards here.
