The difference between a conditional and unconditional green card

The main difference between a conditional and unconditional green card is the duration of their validity. A conditional green card is valid for two years.

While an unconditional green card is valid for ten years. Conditional green cards are issued to individuals who have been married for less than two years at the time of their green card approval, and they must file a petition to remove the conditions on their permanent resident status within 90 days before their conditional green card expires. 

If the conditions are not removed, the individual will lose their permanent resident status and may become removable from the United States.

In contrast, an unconditional green card is valid for ten years and does not require any additional steps to maintain permanent resident status. Once an individual has been a conditional resident for the required period and has had their conditions removed, they will receive an unconditional green card

Conditional green cards are used to ensure that marriages are genuine and not entered into solely for immigration purposes. They provide an opportunity for the government to review and verify the authenticity of the marriage before granting permanent resident status.

How to remove conditions on a conditional green card

To remove the conditions on a conditional green card, you must file Form I-751, Petition to Remove Conditions on Residence, with the U.S. Citizenship and Immigration Services (USCIS). 

The filing window opens 90 days before the second anniversary of your conditional permanent residence and ends on the 2nd anniversary. If you are filing jointly with your U.S. citizen or lawful permanent resident spouse, you must file your Form I-751 during the 90-day period immediately before your conditional residence expires. 

If you are not filing jointly, you may file at any time before your conditional permanent resident status expires.

The petition must be signed by both you and your spouse or lawful permanent resident spouse, and it must include evidence that your marriage is genuine and valid, such as joint financial documents, photos, and affidavits from third parties. 

If you are divorced or your marriage has ended, you may still file for a waiver of the joint filing requirement if you can demonstrate that the termination of your status and removal from the United States would result in extreme hardship.

If you do not properly file Form I-751 within the 90 days before your Green Card expires, your status as a conditional permanent resident will automatically terminate, and you may be subject to removal proceedings.

Can you remove the conditions on a conditional green card without your spouse

To remove the conditions on a conditional green card without your spouse, you can file Form I-751, Petition to Remove Conditions on Residence, based on the following scenarios:

1. If you are divorced or your marriage has ended: You can file for a waiver of the joint filing requirement if you can demonstrate that the termination of your status and removal from the United States would result in extreme hardship.

2. If you can demonstrate that the termination of your status and removal from the United States would result in extreme hardship: You can file for a waiver of the joint filing requirement if you can establish that deportation or removal from the United States would result in extreme hardship.

In both scenarios, you must provide evidence that your marriage was entered into in good faith, and you may need to attend an interview with a USCIS officer to remove the conditions of your residency.

The process for filing form i-751 without a spouse

To file Form I-751 without a spouse, you can request a waiver of the joint filing requirement based on the following circumstances:

1. Your removal from the United States would result in extreme hardship.

2. You entered into the qualifying marriage in good faith, but the marriage was terminated other than by death, and you were not at fault for failing to file a timely petition.

3. The qualifying marriage was entered into in good faith by you, but during the marriage, you were battered or subjected to extreme cruelty by your U.S. citizen or lawful permanent resident spouse.

To file for a waiver, you must submit evidence to establish the facts underlying the basis on which you are seeking a waiver. Depending on the circumstances, you may need to provide documents such as copies of your conditional green cards, divorce documents, evidence of abuse, and proof of extreme hardship. 

The process takes about 18 to 24 months, and each case depends on how well-prepared your case is. It is recommended to consult an immigration attorney for assistance with the process.

Documents required to file Form i-751 without a spouse

When filing Form I-751 without a spouse, you will need to provide specific documents to support your petition. Here is a list of required documents:

1. Evidence of the Relationship:

• Birth certificates of children born during the marriage.
• Lease or mortgage contracts showing joint occupancy of your residence.
• Financial records demonstrating joint ownership of assets and liabilities, such as joint bank accounts, tax returns, insurance policies, utility bills, and loans.
• Affidavits from individuals who have known both spouses since the conditional residence was granted.

2. Evidence of Abuse:

• Documentation supporting any claims of abuse or extreme cruelty by the petitioning spouse.

3. Divorce Documents:

• Finalized divorce decree if the marriage ended in divorce.

4. Explanation for Filing Separately:

• An explanation for why you are filing separately from your spouse.

5. Criminal Records:

• Dispositions on criminal charges, arrests, or convictions if applicable.

6. Passport Photos and Fingerprint Cards (if filing from outside the U.S. due to military or government service):

• Two passport-style photographs for each petitioner and dependent.
• Two completed Form FD-258 Fingerprint Cards for each petitioner and dependent aged 14 to 79 years.
• A copy of current military or government orders.

It is crucial to provide comprehensive documentation to establish the validity of your marriage and the reasons for filing without your spouse to support your Form I-751 petition successfully.

The difference between filing Form i-751 with and without a spouse

The process of filing Form I-751 with and without a spouse differs based on the circumstances. Here are the key differences:

Filing Form I-751 with a Spouse:

• Joint Filing Requirement: Typically, Form I-751 is filed jointly by both spouses, providing evidence of the bona fide marriage.

• Evidence of Relationship: Documentation such as joint financial records, lease agreements, and affidavits from third parties are required to prove the authenticity of the marriage.

• Interviews: If filing jointly, both spouses may need to attend an interview with USCIS to verify the validity of the marriage.

• Legal Assistance: Working with an experienced immigration attorney can be beneficial in preparing for the process and gathering necessary evidence.

Filing Form I-751 without a Spouse:

• Waiver Options: You can file without your spouse if they are deceased, you are divorced, or you have been subjected to extreme cruelty or abuse. In such cases, you may need to provide additional evidence to support your petition.

• Documentation: You will need to submit documents proving the validity of your marriage and the reasons for filing separately, such as divorce decrees or evidence of abuse.

• Interviews: If you file without your spouse, you may still be required to attend an interview with USCIS to discuss your circumstances.

• Legal Support: While it is possible to file independently, seeking legal advice from an immigration attorney can help navigate the process effectively and increase the chances of a successful outcome.

In conclusion, filing jointly demonstrates that your marriage was entered into in good faith and not for immigration purposes. On the other hand, filing separately requires additional documentation and may involve proving extenuating circumstances that warrant a waiver of the joint filing requirement.

Continue reading: Marriage Green Card vs K-1 Visa (Fiancé Visa):