Getting a 10-Year Green Card by Removing Conditions on a 2-Year Card

Getting a 10-Year Green Card by Removing Conditions on a 2-Year Conditional Green Card

If you obtained a 2-year conditional green card through marriage to a U.S. citizen or lawful permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days before your 2-year card expires. Approval of Form I-751 results in a permanent 10-year green card and is an important step for many immigrants on the path to U.S. citizenship.

What is a Conditional Green Card?

A conditional green card is valid for only two years. Immigrants who obtain their green card through marriage receive a conditional card if they have been married for less than two years at the time they are approved for lawful permanent residence. The two-year conditional period allows immigration authorities to confirm the marriage is legitimate.

Requirements for Removing Conditions

To transition from a 2-year conditional green card to a permanent 10-year green card, you must file Form I-751 within the 90-day period before your conditional card expires. You and your spouse must prove that you did not enter into your marriage for immigration purposes and that you remain married in good faith.

You must provide documentation like financial records, photos, affidavits from friends and family, and evidence that you still live together. If you have children together or combined assets, submit evidence of that as well.

What if I Divorced My U.S. Citizen Spouse?

You can still file to remove conditions and get a 10-year green card even if you divorced the spouse through whom you obtained your conditional green card. You will need to request a waiver and provide evidence that your marriage was entered into in good faith.

Evidence of a good faith marriage includes proof that you and your former spouse commingled assets or financially supported each other, had children together, or intended to remain married until things like domestic violence, adultery, or other intervening circumstances caused the marriage to end.

Risk of Abandonment if Conditions Not Removed

Failure to file Form I-751 before your 2-year conditional green card expires can be interpreted as abandoning your LPR status. It is essential to remove conditions on your 2-year green card on time to avoid jeopardizing your immigration status.

Conclusion

Upgrading from a 2-year conditional green card to a 10-year green card by filing Form I-751 protects your immigration status and keeps you on the path to U.S. citizenship. Meet filing deadlines and provide documentation of your continued marriage or good faith marriage if divorced to remove conditions successfully.

FAQs

Who needs to file Form I-751?

All immigrants who obtained a 2-year conditional green card through marriage must file Form I-751 within the 90-day period before their conditional green card expires. This includes both couples who are still married as well as couples who have divorced.

What documents should I submit with Form I-751?

Provide evidence that your marriage was entered into in good faith and documentation that you are maintaining your relationship. This can include financial records, birth certificates of children born during the marriage, affidavits from friends and family, and photos documenting your relationship over time.

Can my conditional green card be taken away?

Yes, failure to file Form I-751 on time to remove conditions can be grounds for revoking your conditional permanent resident status. Filing the form in a timely manner is critical for maintaining your immigration status.

How long does it take to get a 10-year green card?

Most applicants receive a decision within 6 months of filing Form I-751 if their case is straightforward and they provide sufficient documentation of their marriage or good faith marriage if divorced.