Removal of Conditions
If you received a two-year conditional green card, you must file to remove those conditions before it expires — or you risk losing your status. The filing window is narrow and easy to miss.
The filing window is the 90 days before your conditional card expires. Missing it can mean losing status and being placed in removal proceedings. If your card is close to expiring, call (866) 369-0220.
Why conditions exist
When a green card is granted based on a marriage that was less than two years old at the time, residence is granted conditionally for two years. The purpose is to allow the government to check, before granting permanent status, that the marriage was genuine rather than entered into for immigration purposes.
Removing conditions is not a formality. It is a second review of the relationship, with fresh evidence covering the period since.
Filing jointly with your spouse
The standard route is a joint filing during the 90 days before the conditional card expires. You are showing that the marriage continues and was entered into in good faith. Useful evidence includes:
- Joint tax returns for the conditional period.
- Joint accounts, insurance, property or lease documents.
- Birth certificates of children born during the marriage.
- Photographs and travel across the two years, not just from the wedding.
- Correspondence addressed to both of you at the same address.
If the marriage has ended
A joint filing is not the only option. Waivers of the joint filing requirement exist, and having a marriage end does not automatically cost you your status. You may qualify if:
- The marriage was genuine but ended in divorce or annulment;
- You or your child were subjected to battery or extreme cruelty by your spouse;
- Removal would cause extreme hardship;
- Your spouse has died.
More than one waiver ground can be claimed. Where abuse is involved, the case is handled with confidentiality protections, and your spouse does not need to participate or consent.
Do not delay because a divorce is not final
People often wait, assuming they cannot file until the divorce concludes. That waiting is what causes the deadline to be missed. There are ways to handle a pending divorce — get advice rather than letting the window close.
Card expiring soon?
The window is short and the consequences of missing it are serious. Let us look at it now.
Frequently asked questions
What if I miss the filing window?
Late filings can be accepted where there is good cause, but it is discretionary and you may be placed in proceedings in the meantime. File as soon as you realise, with an explanation for the delay.
We are separated but not divorced. What now?
This is a common and awkward position, because a joint filing needs your spouse and a divorce waiver usually needs the divorce finalised. There are ways to approach it, including filing and updating the basis later. Get advice early.
Will there be an interview?
Sometimes. Joint filings with strong documentation are often approved without one. Waiver cases, and cases where questions arise, are more likely to be interviewed.
Can I travel and work while it is pending?
Your conditional status is generally extended while the petition is pending, and you receive a notice confirming this that you use alongside your expired card. Keep it with you.
My spouse was abusive. Do I have to involve them?
No. The abuse waiver exists precisely so you do not have to depend on an abusive spouse to keep your status, and there are confidentiality protections around these filings.
This page is general information about removing conditions on residence, not legal advice, and it does not create an attorney-client relationship. Immigration law changes frequently and eligibility depends on the facts of your case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
Do not let the deadline pass.
If your conditional card is approaching expiry, or has expired, talk to us. Consultations are free and confidential.