Shilpa Malik 
Sabrina Saada 
As a conditional permanent resident, your green card is only valid for 2 years. Unlike a regular 10-year green card, it cannot be renewed the same way. Instead, you must file a petition to remove the conditions on your status during the 90 days before your green card expires.
Speak to our team to have your conditions removed on your green card!
Based on a VisaNation analysis for 2025, the approval rate for removal of condition cases is nearly 100%, where the denial rates for these cases are very slim. As in most green card cases involving marriage, couples have already had to prove a legitimate, bona fide relationship to begin with when initially applying. Hence, the removal of conditions process generally focuses on demonstrating that the marriage continues to be genuine.
What is a Conditional Green Card?
A conditional green card is a document that serves as proof of your legal permanent resident status in the United States for a period of two years. If you were issued one and are worried about the “conditional” aspect, don’t worry. Conditional green cards are always issued in marriage cases when the marriage is less than 2 years old.
Additionally, conditional permanent resident cards are issued to entrepreneurs who obtained permanent resident status through the EB-5 green card category.
Why Conditional Green Cards Are Issued
Because some people try to take advantage of the marriage-based visa system by marrying fraudulently, conditional permanent resident cards are issued to ensure that the marriage is bona fide, or genuine, before granting permanent residency.
Similarly, some fraudulent entrepreneurs have been known to fabricate businesses or misrepresent investments to qualify for the EB-5 program.
Like conditional marriage-based green cards, EB-5 investors initially receive a two-year conditional green card, which ensures that their investment and business are genuine before they can obtain permanent residency.
VisaNation Attorney Tip
It’s vital to ensure that your conditional green card is valid at all times to ensure that you can prove your legality in the U.S. If conditions are not removed before expiration, you can seriously jeopardize your ability to work, travel, and live in the country.
It is important to realize that removal of conditions is not technically a renewal. Your conditional green card cannot be renewed. Rather, the conditions are removed, which leads to issurance of a new 10-year green card.
This distinction is important because the process of removing conditions is very different than the process of renewing a 10-year green card. In the next section, we show you exactly how to remove those conditions.
How to Remove Conditions on a Green Card After Two Years
To “renew” your conditional green card as a conditional permanent resident, you will need to file a petition with USCIS to remove the conditions. This msut be done in the 90 day window before your expiration date of your conditional green card.
Here is how to do it, step-by-step:
Step 1: Complete the I-751 Form
Form I-751 is the Petition to Remove Conditions on Residence, and the immigrant must file the petition alongside their spouse, who sponsored them.
Step 2: Collect Documents
To successfully remove the conditions on your green card, USCIS needs evidence that your marriage is genuine and ongoing. You should gather all documents demonstrating that you and your spouse are still married and living together during the validity of your conditional green card, such as proof of joint residence, joint bank accounts, and proof of relationship, such as a marriage certificate, photos together, travel itineraries, and affidavits from friends or family confirming your relationship.
Step 3: Submit and Pay the Filing Fee
Once the petition is prepared, you must pay the government fee of $750 and file the application with USCIS. You can pay the fee with a money order, personal check, cashier’s check, or pay by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions.
Learn which which address to send your petition based on your state.
Documents Needed to Renew a Green Card After Two Years
As a conditional green card holder, to remove conditions and obtain a 10-year green card, you must file the following documents:
- Form I-751, Petition to Remove Conditions on Residence (for Green Cards that are obtained through marriage)
- A copy of your permanent resident card or alien registration card
- Lease or mortgage contracts showing joint occupancy and/or ownership of your residence.
- Financial records showing joint ownership of assets and joint responsibility. This may include:
- joint savings and checking accounts with transaction history
- joint Federal and State tax returns
- insurance policies that show the other spouse as the beneficiary
- joint utility bills
- joint installment or other loans.
- Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence
was granted and has personal knowledge of your marriage and relationship.
If you are no longer married to your spouse due to death, divorce, or if you have been abused or battered, you can apply to waive the joint filing requirement. It’s advised to consult legal help if you find yourself in this situation.
- Form I-829, Petition by Entrepreneur to Remove Conditions on a Green Card, obtained through financial investment in a U.S. business.
- Proof that you have maintained your investment in the U.S.
- Proof of job creation
- Proof of business operations
How Do I Prove That My Marriage is Legitimate?
To successfully remove conditions on a marriage-based green card, you will need to show that your marriage is bona fide and that it was not fraudulent with the purpose of circumventing immigration law. Here are some things that can help prove your case:
- While having children together is not mandatory, it can be used to support the legitimacy of your marriage. You will need a copy of the birth certificate.
- Property Ownership – submitting copies of deeds, mortgage agreements, contracts, bills for property tax, or account statements can show that you have purchased property together, which helps substantiate your relationship in the eyes of the USCIS. You can also include a lease agreement if you are renting or the title of a car if there is joint ownership.
- Finances – most married couples join their finances together. Submitting evidence of this union can help your case. Bank statements, credit statements, loans, or tax returns can all be useful here. Also, showing that you have joint insurance is helpful.
- Photos – submitting pictures of things like the wedding, engagement, vacations, events, or family gatherings can go a long way toward proving the authenticity of your marriage.
- Trips – most married couples take trips together and plan dates. Attach travel itineraries of trips and photos of things that you two have done together.
What if I Am No Longer Married
There are often instances where marriages end before the 2-year conditional period is over. This does not void your green card, but you will need to show that you entered the marriage in good faith without the intention of committing fraud. If your divorce is in the process of taking place, you can still submit the removal of conditions while you wait for the divorce decree. USCIS will issue an RFE requesting to see the divorce decree. Through this, you may be able to obtain a waiver that allows you to remove the conditions, meaning the spouse is not needed.
Here are some circumstances that may qualify you for a waiver when removing the conditions on a 2-year green card:
- Your spouse has died, but you got married in good faith
- The marriage ended in divorce or annulment, but the marriage was in good faith
- Your spouse was abusive to you or your child, but the initial marriage was made in good faith.
- If termination of your status and removal from the United States would cause extreme hardship to you or your qualifying relatives.
As the beneficiary, you are a conditional resident. Therefore, you cannot file an I-751 by yourself; it must be filed jointly with your spouse. If your sponsor is unable or unwilling to do so, then you must qualify under one of the above circumstances to have your conditions removed.
In any of these cases, it is important to have an experienced immigration attorney look over your situation to help you support your case.
This is especially true if you plan to use the extreme hardship case because those are heavily scrutinized.
What Happens if I Don’t File on Time?
If you do not file to remove conditions of your green card after 2 years within the 90-day window, your permanent resident status will be revoked. This means that you won’t be in legal status, otherwise known as “out of status”.
Because being considered “out of status” may result in serious consequences, such as a temporary bar from re-entry into the U.S., meeting this deadline is very important. In certain instances, a late filing may be allowed with the help of a qualified immigration attorney.
Are you worried that you won’t be able to submit your removal of conditions on time? Contact us.
Form I-751 Petition to Remove Conditions Processing Time
According to a VisaNation analysis on USCIS data, it takes around 21 months for USCIS to process the I-751 removal of conditions petition.
- After USCIS receives your I-751 petition, you should receive a Form I-797 notice of receipt in the mail within 6 weeks.
- The receipt notice automatically extends your conditional permanent resident status for 48 months beyond the expiration date, allowing you to continue working and traveling internationally using your expired green card along with the notice.
- You may be asked to go in for an interview with an immigration officer to determine if your marriage or business is bona fide. This requirement is often waived if your petition demonstrably shows a legitimate marriage.
- If your petition is successful, then the conditional status of your green card will be removed, and USCIS will issue you a 10-year green card. If your petition is denied, then the USCIS should send you the reasons for the denial by mail.
When To Apply for Citizenship
Once the Removal of Conditions has been pending for 1 year (green card holder for 3 years total), the individual can apply for citizenship if the following criteria are met:
- The conditional green card holder through marriage to USC
- Still married and living together with the USC spouse
- All other citizenship requirements are met
Received an I-751 RFE? How You Should Respond
If the USCIS sends you a Request for Evidence (RFE), then that means that something in your petition raised their suspicions. This could be the result of insufficient or conflicting evidence. If you were in the process of getting a divorce and filed a waiver, USCIS will most likely issue an RFE requesting the divorce decree.
If you do receive an RFE, you have a window of time in which to respond with any information requested. Missing this window could result in the denial of your petition to renew your green card after 2 years. Due to the short timeframe and high stakes, VisaNation attorneys advise bringing your RFE to your immigration attorney as soon as possible.
Have questions about an RFE?
I-751 Removal of Conditions Cost
Like with many forms that are filed with the USCIS, a filing fee is put into place for each submitted iteration of the form.
- I-751 basic filing fee: $750
- I-829 basic filing fee: $9,525 – This form is only relevant if you are an EB-5 entrepreneur who needs to renew your green card after two years.
Green Card Renewal vs. Removing Conditions
When you renew a 10-year unconditional green card, you will file the I-90 Application to Replace Permanent Resident Card. Note that the word “replace” is there, as the I-90 form is used to replace any green card if it is stolen, lost, or damaged, as well as to renew 10-year green cards. You can also replace your green card if it has incorrect information on it, if the USCIS issued you a green card but you never received it, or if your personal information has changed.
So, ultimately, you cannot technically “renew” a conditional two-year temporary green card. It requires a different set of forms, different fees, and different supporting evidence. Instead, you are removing the conditions on your conditional two-year green card.
Removal of Conditions FAQs
Can I renew my conditional green card?
No, you cannot remove the conditions. Rather, you apply to remove conditions on your two-year conditional green card. Upon approval, you recieve a 10-year green card which can be renewed indefinetly, or apply for U.S. Citizenship. While your removal of conditions application is pending, your rights to live, work and travel are automatically extended for four years.
What happens if I don't remove the conditions on time?
If you don't remove your conditions in time, then your loose your lawful permanent resident status. You can still apply to remove conditions, but it is advised to consult with an attorney.
What is the denial rate for the removal of conditions?
VisaNation reports that the denial rate is very slim, where our office has never seen a denial come back for a removal of conditions petition.
Can I remove the conditions on my green card if I am in the process of getting divorced?
Yes, you can still proceed with removing the conditions on your green card if you can prove that you entered your marriage in good faith. You will need to submit a divorce waiver, and USCIS will typically issue an RFE requesting the divorce decree.
Does your sponsor submit the removal of conditions petition?
The immigrant submits the Petition to Remove Conditions (Form I-751), and it is filed jointly with the sponsoring U.S. citizen/Lawful Permanent Resident.
What happens if you fail immigration marriage interview?
If you fail the immigration marriage interview, then your marriage-based petition will most likely be denied.