# Removing Conditions on Permanent Residence Based on Marriage

**ALERT:** In January, 2023, USCIS extended the validity of Permanent Resident Cards (also known as Green Cards) for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status for 48 months beyond the card’s expiration date. Read more here: USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751 or Form I-829.

Your permanent resident status is conditional if it is based on marriage and you were married less than 2 years on the day you obtained permanent resident status. You obtain conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of a lawful permanent resident.

Your status is conditional until we approve your Form I-751, Petition to Remove Conditions on Residence.

You cannot file Form I-90, Application to Replace Permanent Resident Card (Green Card), if you are a conditional permanent resident, unless you should have been admitted or adjusted without conditions on your permanent resident status. 

**Eligibility Criteria**

Generally, you must apply to remove the conditions on permanent residence with your U.S. citizen or lawful permanent resident spouse or stepparent (called “filing jointly”) if:
                    - You are still married to the same U.S. citizen or lawful permanent resident when you file your Form I-751;* or
                    - Your parent is still married to the same U.S. citizen spouse or lawful permanent resident and you are not included in your parent’s Form I-751.

You may file Form I-751 without your U.S. citizen or lawful permanent resident spouse or stepparent if:
                    - The U.S. citizen or lawful permanent resident spouse or stepparent is deceased and you entered the marriage in good faith;*
                    - You married in good faith, but the marriage ended through divorce or annulment;*
                    - You married in good faith, but you or your child were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse ;*
                    - Your parent married in good faith, but you were battered or subjected to extreme cruelty by your U.S. citizen or permanent resident stepparent or parent; or
                    - The termination of your status and removal from the United States would result in extreme hardship.*

*If you are a conditional permanent resident spouse, you may include your conditional permanent resident children on your petition if they obtain their status either at the same time as you, or within 90 days of you.

Refer to the Form I-751 Instructions (PDF, 342.37 KB) for more specific eligibility requirements.

**How to Apply to Remove the Conditions**

To remove the conditions on your permanent resident status, you must file Form I-751. If you are filing jointly, you and your spouse or stepparent must file Form I-751 together. You may file Form I-751 on your own if you are applying for a joint filing waiver. 

Before you mail us your form, use our Fee Calculator to determine the correct fee. To learn where to send your form, visit our Direct Filing Addresses for Form I-751 page.

To help ensure that we accept your petition, visit our Form Filing Tips page to learn how to complete your form accurately, assemble your petition, and mail your form.

**When to Apply to Remove the Conditions for a Joint Filing **

If you are a conditional permanent resident, your Green Card will expire 2 years from the date you obtain conditional permanent residence. If you do not apply to remove the conditions in time, you could lose your conditional permanent resident status and potentially be removed from the country.

If you are filing Form I-751 jointly with your U.S. citizen or lawful permanent resident spouse, you must file your Form I-751 within the 90-day period immediately before your Green Card expires.

If you are a child filing a joint petition, separately, you may do so at any time, even before the 90-day period before your Green Card expires.

Use our Filing Calculator to determine your 90-day filing date.

If You File Outside of the 90-Day Period

If you do not properly file Form I-751 within the 90-day period before your Green Card expires, your status as a conditional permanent resident automatically terminates. We will:
                    - Send you a notice telling you that you failed to remove the conditions; and
                    - Begin removal proceedings against you by sending you a Notice to Appear at a hearing. At the hearing, you may review and rebut (deny) the evidence against you. You must prove that you met the requirements of your conditional permanent resident status; we do not need to prove that you did not meet the requirements.

If you file your Form I-751 after the 90-day period, you must include a written explanation for why you are filing late. We will determine whether there was good cause for your failure to file your Form I-751 within the required time period.

**Your Child's Conditional Green Card**

If your child received conditional permanent resident status at the same time you did, or within 90 days of when you did, then you may include your child on your Form I-751. Your child must file a separate Form I-751 if they received conditional permanent resident status more than 90 days after you did.

**Where to Find the Law**

The Immigration and Nationality Act governs immigration in the United States. For the part of the law concerning conditional permanent resident status based on marriage, please see section 216 of the act. The specific eligibility requirements and procedures for removing conditions on permanent resident status are included in the Code of Federal Regulations (CFR) at 8 CFR section 216.

**How to Apply for a Waiver of the Requirement to File a Joint Petition**

You can apply to waive the joint filing requirement under certain circumstances.

If you cannot apply with your spouse or stepparent to remove the conditions on your residence, you may request a waiver of the joint filing requirement before or after the 90-day period immediately before your Green Card expires, until a final removal order has been issued.

You may request a waiver of the joint filing requirements if:
                    - Your deportation or removal would result in extreme hardship;
                    - You or your parent entered into the marriage in good faith, and not to circumvent immigration laws, but your spouse or stepparent subsequently died;
                    - You entered into your marriage in good faith, and not to circumvent immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition;
                    - You entered into your marriage in good faith, and not to circumvent immigration laws, but during the marriage you or your child were battered or subjected to extreme cruelty committed by your U.S. citizen or lawful permanent resident spouse, and you were not at fault in failing to file a joint petition; or
                    - Your parent entered into the marriage in good faith, and not to circumvent immigration laws, but during marriage you were battered or subject to extreme cruelty by your parent or your U.S. citizen or lawful permanent resident stepparent.

You may ask us to consider more than one waiver provision at a time. Refer to the Form I-751 Instructions (PDF, 342.37 KB) for more specific information on waivers.

**If You Are in Divorce Proceedings but Are Not Yet Divorced**

If you are still married, but legally separated or in pending divorce or annulment proceedings, and you filed a waiver request, we will issue a request for evidence specifically asking for a copy of the final divorce decree or annulment, if applicable.

If you are still married, but legally separated or in pending divorce or annulment proceedings, and you filed a Form I-751 jointly, we will issue a request for evidence  specifically asking for a copy of the final divorce decree or annulment and a statement that you would like to have your joint filing Form I-751 treated as a waiver filing.

After we receive the final divorce decree or annulment within the request-for-evidence   response period, we will amend the petition to indicate you are applying for a waiver of the joint filing requirement.

**Work Permit**

As a conditional permanent resident, you receive a Green Card valid for the 2 years after you obtain conditional permanent resident status. This card is evidence that you have the right to live and work in the United States.

If you properly file Form I-751, your receipt notice will extend the validity of your conditional permanent resident status, and work authorization, for 48 months. If your Form I-751 is still pending and you need evidence of your status after the initial 48-month extension, you must call the USCIS Contact Center at 800-375-5283.

For more information about the types of documentation that you can use to show your identity and authorization to work, visit our Acceptable Documents page.

**How to Check the Status of Your Petition**

To check the status of your petition, enter your receipt number on our Case Status page.

**Interview**

You may need to attend an interview to demonstrate eligibility to remove the conditions on your permanent resident status. If you need to attend an interview, we will mail you an appointment notice telling you when and where to appear.

**How to Appeal**

If we deny your Form I-751, we will mail you a decision explaining why we denied it. We also may issue you a Notice to Appear in front of an immigration judge for removal proceedings. You may request that the immigration judge review the denial of your Form I-751 during removal proceedings. During this review, DHS must prove that we properly denied your Form I-751 or that the facts and information you provided are not true.

If the immigration judge issues an order of removal, you have 30 days to appeal that decision. After you properly file Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, the appeal will be referred to the Board of Immigration Appeals.

**Forced Marriage**

If you believe you are in a forced marriage or are being forced to petition for a spouse, visit our Forced Marriage page to learn about the options available to you.

**Additional Resources **

USCIS Policy Manual Volume 6, Part I, Family-Based Conditional Permanent Residents 

12/12/2023

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