How do I know if my green card is conditional?
Your residence is conditional if it rests on a marriage that was less than 2 years old on the day you became a resident, whether by adjustment of status or on an immigrant visa. The same applies to a child who immigrated with you. The test is the marriage date compared with the residence date, not how long you have been in the country. Look at your card: a conditional card expires 2 years after it began, and a marriage case usually shows class CR-1 or CR-6. If you see one of those but were married 2 years or more when you became a resident, tell a lawyer, because the code may be wrong. If you are unsure, compare the Resident Since date with your marriage certificate. Then count back 90 days from the card's expiration date and write that date down now, because the filing window opens only then.
When and how do we file Form I-751 together?
If you are still married, you and your spouse file Form I-751 together during the 90 days before the second anniversary of your residence. Do not file before the window opens. The current edition is 04/01/24, and the fee is $750 on paper or $700 online. A petition based on battery or extreme cruelty costs $0, and a fee waiver on Form I-912 may be available to some filers. Include a joint lease or mortgage, shared bank and insurance records, children's birth certificates, and statements from people who know you as a couple. Children who gained status with you or within 90 days can be listed on your petition. Filing extends your status, and USCIS extends the card for 48 months past its printed date. Keep the receipt notice with your card.
What if we are divorcing, or my spouse will not sign?
You can ask to waive the joint filing requirement. Section 216(c)(4) covers a good faith marriage that ended in divorce or annulment, a marriage marked by battery or extreme cruelty, and extreme hardship if you were removed. USCIS also accepts a waiver where a good faith marriage ended by the spouse's death. A waiver is not tied to the 90-day window and can be requested until a final removal order. If your divorce is pending, USCIS will send a request for evidence asking for the final decree, so ask your family lawyer about timing. A joint petition can be converted if you send the decree and a written request within the response period. You may claim more than one basis, which is wise when facts overlap. Hardship counts only for events during conditional residence.
What if I missed the 90-day deadline?
Missing the window automatically ends conditional status, and USCIS says it will send a notice and start removal proceedings with a Notice to Appear. In those proceedings you carry the burden of showing you complied. File immediately anyway. USCIS may accept a late petition if you explain in writing why you were late and show good cause. Attach proof such as hospital records, deployment orders or evidence of the lawyer or mail failure. If the petition is approved before the case reaches an immigration judge, USCIS restores your status. Do not travel on an expired card. If a hearing notice has already arrived, confirm your court date and treat it as a separate deadline. A late I-751 does not cancel it, and a missed hearing can produce an in absentia removal order.
What happens if USCIS denies the petition?
USCIS can terminate conditional status after an interview if it finds the marriage was not genuine or the facts in the petition are untrue, and it may then issue a Notice to Appear. You cannot appeal to an administrative body, but you can ask the immigration judge to review the denial in removal proceedings. That review matters because the burdens differ. On a denied joint petition, the government must prove by a preponderance of the evidence that the facts in the petition are false. If you skipped a required interview, you must show you complied. Waiver applicants generally carry the burden of proving their claim. Prepare by gathering the record, the denial notice and any new proof of the marriage. A finding of a fake marriage can also trigger the lifetime bar in INA § 204(c).
Can I apply for citizenship while conditions are still on my card?
USCIS generally will not naturalize a conditional resident until the conditions are removed, although in some circumstances an officer may decide Form I-751 during the naturalization case. If you are nearing eligibility under INA § 319 or INA § 316 while Form I-751 is pending, ask a lawyer whether to file Form N-400 now or wait for the decision. Do not assume the I-751 goes away with the N-400. Keep your address current with USCIS, because interview notices and requests for evidence go there, and a missed joint interview without good cause can end your status. Bring the same documents and the same honest account to both interviews. If your marriage has changed since filing, tell a lawyer before the officer asks, because the facts you swore to may need correcting. Our I-751 waiver service handles these cases.