Removal of 2 Year Conditional Green Card Status

New marriages are suspect, so the immigration agency wants to check on the health of the marriage after two years.

Allan Scott Lolly

managing attorney

This approach helps detect fraudulent marriages and also protect U.S. citizens from foreign spouses who obtain the Green Card, then disappear.

A conditional green card is issued when the marriage is less than two years prior to

  1. the date of the green card interview in the U.S. or
  2. the date of the marriage visa interview at a U.S. consulate abroad.

A permanent (10 year) green card will be issued once conditional status on a 2-year green card is removed.

A permanent green card will also be issued if the couple was married more than two years before the green card was approved. Within 3 months prior to the expiration of the conditional green card, the couple must file to remove conditional status and obtain the permanent green card. If the marriage is not working, it still can be possible for the foreigner to file independently to remove conditional status for good cause.

An expired green card can remain valid while the application to remove conditional status is pending.

1. Couples Filing Together

Couples filing jointly to remove conditional status must prove a good faith marriage. Typically, an immigration agency will want to see commingling of assets such as both names on active bank accounts, credit cards, car titles, and home rentals or purchases. For those who keep assets separate, the proof of a good faith marriage will be more challenging. Also, those couples who do not live together in the same home will be subject to closer examination. It’s worth hiring this office so I can help reduce problems and delays for a reasonable fee.

Once a valid application is filed, the conditional green card is extended for one year which will be indicated on the receipt notice by the USCIS. When a couple does not file in time, the foreign spouse can be put into removal proceedings: deportation. The foreigner also cannot travel abroad since any attempt to return to the U.S. can be blocked. It’s important to maintain the green card. If you failed to file in time, please contact me to discuss how to recapture the green card.

2. Failed Marriages

Sometimes, the marriage fails before conditional status is removed. (On occasion it even happens that the marriage fails before the original green card application is approved.) The strong preference is to send the foreigner home. Even so, it is still possible for the foreigner to obtain a permanent green card without conditions.

In this situation, the couple must separate and the foreigner must pursue a divorce from the U.S. citizen spouse, and then file for removal of conditional status with a waiver.

Allan Scott Lolly

managing attorney

It must be shown that the marriage was entered into in good faith and that the marriage failed at no fault of the foreign spouse. If the U.S. citizen is to blame, then it should be shown the foreigner tried to save the relationship. Evidence of a good faith attempt to have a healthy relationship is important. A phone call is needed so I can help determine how best to proceed.

Call for Assistance — We handle applications for removal of conditional Green Card status.

VAWA and U Visas

In some instances, a foreign spouse is abused by the U.S. citizen. Nobody should put up with violent, physical or emotional abuse in a relationship. If you are an abused foreign spouse, then you should leave the relationship and it still can be possible to remove conditional status on your green card and receive a permanent green card. Contact me and I will give you resources to help you transition quickly out of the relationship.

Conditional status can be removed, but there are also other opportunities we can discuss. The Violence Against Women’s Act (VAWA) protects foreigners from violent, physical or emotional abuse by a spouse who is a U.S. citizen or has a green card. Also, the U Visa was created for victims of crime. A successful VAWA or U visa claim can lead to a green card although the foreigner never had one, and even if she is in the U.S. illegally.

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    More About Our Immigration Law Firm

    To date, the immigration law firm of Allan S. Lolly & Assoc. P.C. has successfully obtained well over 15,000 K1 fiance visas, CR marriage visas, green cards, immigration bar waivers, VAWA benefits, Asylum benefits, and other family and employment visas.

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