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  • Did you gain permanent resident status through marriage?
  • Did you receive a two-year "green card"?
  • Are you still married to your citizen spouse?
  • Have you filed your I-751 Petition to Remove Conditions?
  • Has your I-751 Petition to Remove Conditions been denied?
If so, please contact Wynn Law Offices for a free consultation. Attorney Angela Wynn is an experienced immigration lawyer, dedicated to serving the needs of foreigners and their families. We provide effective legal services to clients in Ohio and all over the United States.

Conditional resident status is given to foreigners who filed for adjustment of status based on a marriage to a United States citizen. If the United States Citizenship and Immigration Services (USCIS) approves the marriage and the permanent resident status, they will issue the foreigner a two-year green card. The foreigner and their spouse must jointly file a Form I-751 Petition to Remove Conditions prior to the expiration of the card. Failure to file will result in termination of status and the initiation of deportation proceedings.

Jointly Filed I-751 Petition to Remove Conditions

Foreigners with two-year green cards must jointly file Form I-751 with the required evidence in the ninety days immediately preceding the two year anniversary of the grant of permanent resident status. The filing should be signed by both the foreigner and the citizen spouse. The filing should include bona fide evidence indicating that the couple continues to be married and intend to share their life together.

Joint Filing Waivers

If the underlying marriage has been terminated prior to the two year anniversary, the foreigner must request a waiver of the joint filing requirement:

Good Faith Waiver: If the qualifying marriage was entered into in "good faith" by the foreign spouse, but the qualifying marriage has been terminated (other than through the death of the spouse).

Battered Spouse or Child Waiver: If the qualifying marriage was entered into in "good faith" by the foreign spouse and during the marriage, the foreign spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent.
Extreme Hardship Waiver: The foreign would suffer extreme hardship if removed.

Termination of Conditional Resident Status

If USCIS denies the I-751 petition, the conditional resident status is terminated. USCIS usually initiates deportation proceedings. In the deportation proceedings, the foreigner has the right to have the denial reviewed by the immigration judge. The termination of conditional resident status reverts back to the day it was granted. The foreigner has the right to re-file the I-751 and assert any of the above-named waivers if the marriage is terminated.