Removal of Conditions for Married Couples

When a couple has been married for less than 2 years at the time the foreign national becomes a lawful permanent resident (i.e. gets his/her green card), he/she is granted such status conditionally. This means that instead of receiving a permanent resident card valid for 10 years your permanent resident card is only valid for 2 years. You are entitled to all the same rights and privileges as someone who has a 10-year permanent resident card. You simply need to take an additional step prior to the expiration of your 2-year permanent resident card.

You may “remove” the conditions on your lawful permanent residence if

• You are still married to the same U.S. citizen or permanent resident (i.e. green card holder) after 2 years. Your children who also received lawful permanent residence through your marriage can be included on your petition if they received their conditional resident status at the same time or within 90 days of you. Otherwise, each child must file his/her own petition.
• You are a widow/widower who entered into your marriage in good faith that ended because of your spouse’s death.
• You entered into your marriage in good faith, but the marriage unfortunately ended through divorce or annulment.
• You entered into your marriage in good faith, but either you or your child were battered or subjected to extreme hardship at the hands of your U.S. citizen or lawful permanent resident (i.e. green card holding) spouse.