Working Through Your Conditional Green Card
By Sutton Hartnet

There are many popular misconceptions about the United States permanent resident card - more commonly known as the green card - floating around these days. Many people don't realize that a lot has changed when it comes to gaining permanent residence in the United States. Based on legislation that was passed back in the late 1980s and the late 1990s, the most common avenue for qualifying for U.S. residency - marriage - has been greatly restricted and diminished. While marriage is still one of the quickest ways to get an American green card, it most commonly results in a conditional green card first.

If you are applying for permanent residence status through a marriage that is less than two years at the time the green card application is filed, you will receive a conditional permanent resident card. This card will ultimately expire if you do not file to have the conditional status removed. Conditions are placed on your permanent residence as a way for the government to ensure that the marriage is not fraudulent or a sham marriage. A sham marriage is a marriage that was entered into for the purpose of gaining U.S. residency. Even though the process for becoming a U.S. citizen may be challenging and often discouraging, obtaining a conditional green card is nevertheless a positive first step.

As implied by the name, a conditional green card imposes conditions on your permanent residency status. For example, if your marriage ends within two years it can be considered an admission that the marriage was fraudulent. Under those circumstances, you would lose your permanent residency status and would have to go back to your home country. In order to prevent this type of situation, you must apply to have the conditions removed from your permanent residency status. Unfortunately, the conditions imposed cannot be removed whenever you want. To remove the conditional status, strict rules must be followed.

The most important rule to remember about a conditional green card is that 90 days before your second wedding anniversary, which is also the expiration of your conditional residency, you'll need to apply to have the conditions removed. Your greencard will have an expiration date prominently printed on it. This will make determining your second wedding anniversary easy. It is by the date your permanent resident card expires that you must apply to have the conditions removed. Keep in mind that the application must be filed 90 days prior to expiration or it will not be valid.

It is very important that you file to have the conditions from your permanent residency removed three months prior to the expiration of your permanent resident card. Therefore, you should have a set date that you will file the appropriate forms. If you applied for permanent residency through marriage, you will need to file from I-751, which is also known as the Petition to Remove Conditions on Residence. It is crucial that this form is completed before the expiration date of your permanent resident card. If it is filed after your resident card expires, you could be deported.

When filing the I-751, it is important to note that the form must be filed jointly with your spouse. Generally, if a marriage ends before the two year period has expired, permanent residency is denied unless you can prove that the marriage ended through no fault of your own. Some examples that may overcome the two year requirement may include your spouse died or was abusive to you.

Once you have submitted form I-751, the next step to obtaining your permanent residence is the green card interview. During this interview, you and your spouse will be asked a number of questions regarding your marriage. You will have to prove that you and your spouse have been living together as man and wife since your wedding. The whole purpose of this interview is to prove to the immigration authorities that your marriage is lawful and you did not marry your spouse in order to obtain permanent residence.

Given that green card interviews vary on a case by case basis it is best to be well prepared and honest with your answers. Be prepared to have supporting documentation about your marriage. The more information and evidence you provide the immigration officer, the better your chances of success. If everything goes well, soon your conditional permanent residence will be a thing of the past. While you await approval of your petition, your permanent residence status will be extended at one year intervals. Despite the outcome, it is best to know what to expect throughout the conditional green card process.

Sutton Hartnet continues on his path to write articles which detail the Conditional Green Card and the overall green card application process.

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