Removal of Conditions

Frequently Asked Questions & Answers

1. What is Removal of Conditions on Permanent Residence based on Marriage?

A lawful permanent resident is given the privilege of living and working in the U.S. permanently. Your permanent resident status will be conditional if it is based on a marriage that is less than two years old on the day you are given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the U.S. on an immigrant visa or receive Adjustment of Status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the U.S. You may apply to remove your conditions on permanent residence.


2. Who is eligible for Removal of Conditions?

You may apply to remove your conditions on permanent residence if you:

  1. Are still married to the same U.S. citizen or lawful permanent resident after two years. Your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days from the day that you did
  2. Are a child and cannot be included in the application of your parents for a valid reason
  3. Are a widow or widower of a marriage that was entered into in good faith
  4. Entered into a marriage in good faith, but the marriage was ended through divorce or annulment
  5. A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse
  6. Entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or lawful permanent resident spouse
  7. Can prove that the termination of your conditional resident status would cause extreme hardship to you
OR
Check My Eligibility

3. What are the documents required if I file a joint application with my spouse for Removal of Conditions?

The documents required are:

1.Form I-751, Petition to Remove the Conditions on Residence signed by both you and your spouse

2.Copy of Form I-551, Permanent Resident Card

3. Evidence that you did not get married to evade the immigration laws of the U.S. Examples of such evidence includes, but is not limited to:

a.Leases showing that you and your spouse live in the same place

b.Documents to show that you and your spouse had joint bank accounts, credit cards, etc

c.Documents that prove that you and your spouse own property together

d.Birth certificates of your children that you have togehter


4. How can I get a waiver of the requirement to file a joint application with my spouse for Removal of Conditions?

You may request a waiver of the joint petitioning requirements if you:

  1. Entered into the marriage in good faith, but your spouse subsequently died
  2. Entered into the marriage in good faith, but the marriage was later terminated due to divorce or annulment
  3. Entered into the marriage in good faith, and remain married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse, or
  4. Can prove that the termination of your status and removal would result in extreme hardship to you

Note: You may request consideration of more than one waiver provisions at a time


5. Can I apply for a waiver of the requirement to file a joint application with my spouse for Removal of Conditions if I am in divorce proceedings?

No, you may not file for the waiver until after your marriage has been terminated