Background
If you applied for your green card while being married to your spouse for less than two years, you qualify for a conditional green card (CR1), valid for up to two years. To extend its validity, you must remove the conditions on your permanent residence status. Failure to file the Petition to Remove Conditions on Residence means an automatic loss of permanent status after your conditional green card expires. In 2019, we processed our client’s green card application, and in 2021, she reached the two-year mark to initiate the removal of conditions application. Typically, the Petition to Remove Conditions on Residence (I-751 Form) is filed within the 90-day period before the green card expires.
As our client was ready to proceed with the ROC filing, we did so. However, soon after we prepared the filing, our clients took a 180 turn with their relationship.
VisaNation Case Strategy
The I-751 form is usually filed jointly with your spouse, but there are circumstances where filing separately is acceptable. For our client, the petition was initially filed jointly, but a year later, she went through a divorce. For cases like this, a waiver can be submitted for the joint filing requirement. Usually, USCIS will issue a Request for Evidence (RFE) where they will ask you to submit the divorce decree.
Fortunately, our client entered the marriage in good faith, and we had submitted the Removal of Conditions filing before they considered getting a divorce. Once they filed for a divorce, we responded to the RFE and submitted the waiver. We also updated the address as she moved from her previous residence.
Verdict
Luckily, the removal of conditions for our client was approved a little over 2 years ago. The Removal of Conditions process typically takes around 24-36 months for approval. Luckily, we filed our client’s petition before her conditional green card’s expiration, ensuring her status remained protected during the pending I-751 petition. Now, approaching almost five years since obtaining her green card, she is eligible to apply for citizenship three months before her five-year green card anniversary.
