Couples whose marriage was less
than 2 years old, at the time they applied for the alien spouse's
adjustment of status (Green Card), MUST file a petition to USCIS to
upgrade the spouse's green card from a "conditional" permanent
residency to non-conditional.
Basically this is THE last checkpoint for Immigration to catch fraud. Immigration wants to verify that the couple is genuine, and that the marriage was not a sham. Ideally the couple is still together, and both are available to submit proof of the continuing "bone fide" nature of their marriage, and to attend (together) an interview conducted by USCIS.
A conditional Green Card is good for 24 months only. The card will show its issue date, and expiry date. Anytime during the 90 days preceeding the expiry, the couple must submit their petition to "Remove the Conditions of Permanent Residency".
If you don't apply to remove the conditions in time, you could lose your
conditional resident status.
Filing too soon, earlier than 90 days before the conditional residence expires, the application will be returned.
If no longer married to your sponsor spouse, or if there has been
spousal abuse,; a waiver for the joint filing requirement can be submitted.
Children can be included in the application if they received their
conditional resident status at the same time, or within 6
Once the petition is filed, USCIS extends the conditional resident status for up to 12 months while the petition is under review.
For support to complete the Removal of Conditions on Residence Click Order. Cost is only $495.
By Fred Wahl