Frequently Asked Questions
Conditional Residence Status
- What is conditional residence status?
- What steps must I take to remove the conditions on my residence status?
- What if I fail to file the form I-751 within the required time period?
- What if my spouse is unable or unwilling to file the I-751 joint petition?
- Must I be physically present in the United States to file the I-751 petition or waiver?
- What happens if I leave the country?
- Will I be interviewed on the joint petition or waiver?
- What will happen if I fail to appear for my interview?
- Are children of conditional residents subject to the same rules?
- Can I file a residence status application on my own?
What is conditional residence status?
A person is granted conditional residence if he or she gains status based on a marriage to a U.S. citizen and the marriage took place less than two years before residency is granted. Conditional residence is granted for a two-year period. During the two years, the conditional resident has the same rights and responsibilities as other permanent residents, including the right to live and work in the U.S. and to file petitions on behalf of certain relatives. However, at the end of the two years, additional steps must be taken to remove the conditional nature of the residence status.
What steps must I take to remove the conditions on my residence status?
Conditional residents are issued permanent resident cards similar to the "green card" issued to other permanent residents. However, the card will expire after two years. It is important that the conditional resident be aware of the expiration date of his or her status. To maintain permanent residence status beyond the two years, the conditional resident is required to file a joint petition with his or her spouse to remove the condition. The joint petition, form I-751, Petition to Remove the Conditions on Residence, must be filed within the 90-day period before the card expires.
What if I fail to file the form I-751 within the required time period?
Failure to file the petition will result in automatic loss of your lawful status and you may be placed in removal proceedings. The U.S. Citizenship and Immigration Services (CIS) may accept an I-751 filed after the two-year period only if you can establish there was good reason and extenuating circumstances for the failure to file within the required time.
What if my spouse is unable or unwilling to file the I-751 joint petition
If you cannot file because your marriage has ended in divorce, annulment or death of your petitioning spouse, or your spouse refuses to join in the filing of the petition, you may apply for a waiver of the requirement to file the joint petition. The waiver request is also filed on form I-751. To qualify for the waiver, you must establish that one of the following circumstances exists:
- Your spouse has died;
- Your marriage was entered into in good faith but ended by divorce or annulment;
- Your marriage was entered into in good faith but your spouse subjected you to battery or extreme cruelty; or
- Termination of your status would cause you extreme hardship.
Must I be physically present in the United States to file the I-751 petition or waiver?
No, the petition or waiver may be filed regardless of whether the conditional resident is physically present in the United States. However, the conditional resident must return to the United States if required to appear for an interview with CIS.
What happens if I leave the country?
Yes, while CIS is processing the joint petition or waiver, you can travel abroad even if the conditional resident card has expired. The CIS will issue you a receipt once it receives the I-751. The CIS receipt serves as proof of your continued lawful status in the United States. A conditional resident can use this filing receipt and the expired conditional resident card to reenter the United States following a trip abroad. It is important to be aware of the expiration date on the receipt and to reenter the United States prior to that date.
Will I be interviewed on the joint petition or waiver?
The CIS can waive the interview on the joint petition or waiver application. If CIS is satisfied that the marriage was entered into in good faith and not for the purpose of evading the immigration laws, it will approve the petition without an interview. If a waiver application is filed, it is more likely that an interview will be scheduled. If the CIS Service Center decides to require an interview, it will forward the file to the district office where the conditional resident resides.
What will happen if I fail to appear for my interview?
If you fail to appear for an interview in connection with a joint petition or waiver, the petition or waiver will be denied, conditional residence status will terminate and CIS will begin removal proceedings. The CIS must provide you with written notice of the specific reasons for termination. If you are placed in removal proceedings, you can ask the immigration judge to review the denial.
Are children of conditional residents subject to the same rules?
It depends. If your children obtain status based on your marriage to a United States citizen and the marriage occurred less than two years before admission or adjustment to permanent residence, your children will also be conditional residents. If your children acquire their legal status at the same time or within 90 days of you, they can be included on your I-751 petition or waiver. Children who enter the U.S. or adjust status more than 90 days after the conditional resident parent must file their own form I-751.
Can I file a conditional residence status application on my own?
YES, BUT KEEP IN MIND: IMMIGRATION LAW IS COMPLICATED AND YOU SHOULD GET ADVICE FROM A COMPETENT IMMIGRATION LAWYER OR LEGAL WORKER BEFORE FILING ANY APPLICATION WITH THE CITIZENSHIP AND IMMIGRATION SERVICE