Conditional 2-Year Green Card

Why did I receive a 2-year green card instead of a 10-year green card?

You received a 2-year green card because you were married for less than two years before receiving your legal permanent residence. The law states that anyone who receives a green card within two years of being married is granted permanent residence with conditions. The conditions are that you must file Form I-751, Petition to Remove Conditions to Residence, 90 days before the expiration printed on the green card. The petition must be filed jointly, meaning that, in the case of a husband and wife, both parties must file the petition together.

In the case of a stepparent and stepchild, the petition must be filed by both the stepparent and the stepchild that received the 2-year green card based on the marriage between the stepparent and the stepchild's biological parent. Both parties must attend an interview with U.S. Citizenship & Immigration Services if one is scheduled. Failure to appear at the interview or file the joint petition results in the termination of the conditional legal permanent resident status.

What if my spouse does not want to sign the joint petition?

There is a waiver to the joint petition filing requirements. The waiver is filed with the same Form I-751. The waiver option must be selected on the form. There a three ways to file a waiver: (1) by showing that the marriage has been legally terminated by death or divorce, or (2) by showing that you will suffer extreme hardship, or (3) by showing that you have battered or subjected to extreme cruelty. In each case, you must also show that the underlying marriage was entered into in good faith and not just for papers.

There is no deadline to filing a waiver to the joint filing requirements. For example, if you file your Form I-751 anytime after the expiration of your 2-year green card, it can be accepted and approved. The waiver can be filed at any time up until a judge enters a final order of removal, which means that you can file it as late as when you are in a deportation proceeding before an immigration judge.