Marriage to a U.S. Citizen and Removal of Conditions

You may think that getting your green card is the end of your immigration journey, but even after you’ve been married to a US national, you’ll still need to jump through a few hoops to stay in the United States. The right lawyer can help you with your marriage to a US citizen and removal of conditions. Read on to learn more about the I-751 petition to remove conditions, and contact The Law Offices of Ricky Malik, P.C. today to get started.

Marriage To A U.S. Citizen And Removal Of Conditions

You’ve finally received your green card. Congrats! This means you’re able to stay in the United States with your American spouse, and you won’t have to deal with any more stressful visa interviews or applications.

A green card is a major step, but it’s not the end of the road. If you and your spouse were married for less than two years before your green card application, your green card is conditional. You’re still able to remain in the United States, but your green card is only good for two years. This means that if you want to stay in the US for longer than that, you’ll have to apply to have those conditions removed.

Filing an I-751 petition is an important step. It removes the 2-year restriction on your green card, and allows you to stay in the United States much longer. However, this process can take over a year, so you’ll need to get started with your I-751 right away. You’ll also need to provide evidence that you and your spouse got married for authentic purposes, and not just for immigration.

There’s lots of paperwork involved, and you may even need to deal with an interview. But you don’t need to stress out – you’ve already got your green card, so all you need next is a lawyer who can help you with your marriage to a US citizen and removal of conditions.

Your attorney can walk you through the paperwork, and make sure you have all the necessary evidence to remove conditions after your two-year marriage green card. But with all the immigration lawyers out there, it can be tough to find the best legal team for your needs. Our recommendation is to always check a firm’s experience.

Why Experience Matters In Removal Of Conditions Cases

At The Law Offices of Ricky Malik, P.C., our experience sets us apart from the competition. Here’s what you get when you get in touch:

• Over 20 years of experience: We’ve spent over two decades helping clients like you. We know the pitfalls that come with I-751 petitions, and we can help you clear them.
• A broad range of immigration support: We can help you with removing conditions on your green card, and we can help you with your naturalization, too. We’re with you every step.
• A track record of success: We’ve helped countless clients with their immigration needs, including a recent case in which we overturned a client’s deportation and secured permanent residence for her instead.

You’ve got the green card. Let’s finish the job. Contact us today.

Contact Our Team Today

At The Law Offices of Ricky Malik, P.C., we’re ready to help. Get in touch with our team to see how we can help you with your marriage to a US citizen and removal of conditions.

Termination of Conditional Residency (I-751)

If a non-citizen is married to a U.S. Citizen for less than 2 years at the time of the Immigration (Green Card) interview, the foreign national is granted Conditional Permanent Resident Status (CPR). After two years, the CPR must file a petition to remove the conditions on Form I-751 with USCIS, a key step in Marriage to a U.S. Citizen and Removal of Conditions cases.

This application is to be filed jointly, by both husband and wife or the foreign national may require a waiver of the joint filing requirement if the non-citizen can establish:

1. Removal from the USA would result in extreme hardship;
2. The CPR entered the marriage in good faith, but the marriage was terminated (other than through death); OR
3. The CPR entered the marriage in good faith, but the petitioning spouse or parent battered the CPR spouse or child.

Their must be a final divorce  in order to request a waiver.

If not divorced, a removal of conditions application must be filed jointly.  To obtain approval, it must be demonstrated that:

1. The CPR and petitioning spouse (unless deceased) jointly file an 1-751 within the 90 days immediately before the two year anniversary of the date the CPR obtained permanent resident status;
2. The CPR and petitioning spouse (unless deceased) appear for an interview; and
3. SCIS determines the following facts are true:
   • The marriage was legal where it took place;
   • The marriage has not been terminated;
   • The marriage was not entered into for the purpose of procuring permanent resident status; and
   • No fee (other than to an attorney for filing assistance) was paid for the filing of the underlying 1-130 or 1-129F.

The statute and regulations require approval of the 1-751 petition if the above conditions are met. USCIS may not deny a petition solely because the spouses are separated and/or have initiated divorce or annulment proceedings.

The Law Offices of Ricky Malik, P.C. is dedicated to providing reliable legal guidance tailored to each client’s needs.

For more see the April 2009 USCIS Memorandum.