Removal of Conditions for Spouses of U.S. Citizens

Overview:

Newly married couples seeking permanent residency in the United States are initially granted conditional permanent residency.  Two years after obtaining conditional permanent residency, the couple must petition to have the conditions removed.  Once approved, the foreign national will obtain unconditional permanent residency.

Conditional permanent residents who are no longer in a viable marriage must also apply to have their conditions removed.  However, the procedure for removing the conditions will differ from the normal joint petition.

Failure to follow the proper procedure may have adverse consequences, including the foreign national being placed in removal proceedings.  It is highly recommended that you contact an experienced immigration attorney to assist you with either a joint or waiver petition.

Procedure:

I-751 Joint Petition

Within the ninety days immediately preceding the two-year mark of the foreign national obtaining conditional permanent residency, a couple must submit a joint petition to the United States Citizenship and Immigration Service (USCIS).  The USCIS will process the petition and will require the couple to attend an appointment at the local USCIS field office.  At the meeting a couple must demonstrate that they have a bona fide marriage. Both spouses are required to attend.

I-751 Waiver Petition

In certain circumstances a foreign national spouse can apply for a waiver to the I-751 joint petition.  A waiver can be obtained if a foreign national:

• would suffer hardship if removed from the country,

• entered the marriage in good faith, but the marriage has terminated, or

• has been subjected to battery or extreme cruelty.

After the waiver is submitted to USCIS, the immigration agency will either approve the petition or request that the conditional permanent resident attend an appointment at the local USCIS field office.

After Obtaining Unconditional Permanent Residency

If otherwise eligible, a foreign national spouse can obtain U.S. citizenship three years after obtaining conditional permanent residency.  A foreign national who is no longer married to a U.S. citizen must wait five years to obtain citizenship.