Immigrating to the United States can be an especially long process for foreign nationals coming to the US to get married to a US citizen. Spouses of US citizens are issued a conditional Green Card that is valid for 2 years.
The US Citizenship and Immigration Services (USCIS) places certain limits and restrictions on your conditional Green Card (officially known as a Permanent Resident Card) to protect US citizens from fraud from foreigners. These limitations can be removed at the end of the 2 years.
What Is the Process of Removing Conditions from Your Green Card?
The conditional Green Card is valid for 2 years. As the expiration date nears, you must take steps to adjust your status in the US. You are required to submit Form I-175 with your spouse 90 days before your conditional Green Card is set to expire.
If you fail to submit Form I-175, then the USCIS can start the process to remove you from the country. You are eligible to adjust your status if you meet the following requirements:
- You are still married to your spouse at the end of the 2 years
- Your marriage was in good faith, but your spouse passed away
- Your marriage was in good faith but ended in divorce or annulment due to no fault of your own
- You faced abuse and endangerment by your US citizen spouse after receiving your conditional Green Card
If you are under any of the last 3 conditions mentioned above, then you are exempt from the requirement to file Form I-175 with your spouse.
In these cases, you do not need to wait for the 2 years to end to apply for adjustment of status if it can be demonstrated how deportation will be a hardship for you. You will be required to attach necessary documents such as the death certificate, divorce paperwork or evidence that you have faced abuse from your spouse.
