Remove Conditions on Permanent Residence Based on Marriage

Posted by Ramona Kennedy | Nov 07, 2018 | 0 Comments

Many movies and television shows have made it seem like obtaining a green card through marriage is as easy as getting married and going through an interview. Although there is an interview that both partners will have to go through with an Immigration Officer, there are a few more steps involved in obtaining Legal Permanent Residence status in the United States.

For starters, the spouse applying for permanent residency will initially be granted conditional permanent residence status. The reason your status is conditional is because you still have to prove to the government that your marriage is real and that you entered in in good faith. This is because some people see marriage as a way to avoid immigration laws in the United States and an easy way to become a legal permanent resident of the United States.

To remove the conditional status on your permanent residence, you must complete all the proper forms and meet the eligibility criteria. The criteria involve, staying married to the same US Citizen or Legal Permanent Residence for two years. If you have children, you may include them in your application if they also meet the requirements.

If you are no longer married to the US Citizen or Legal Permanent Residence, you may still apply to remove your conditional status if the following incidents occurred: if your marriage was terminated due to the death of your spouse, you may still be eligible so long as you initially entered the marriage in good faith. You may also apply if you initially entered the marriage in good faith, however for whatever reason the marriage ended in divorce of annulment. Finally, you may also be eligible to have your conditional status removed if you or your children were the victims of domestic abuse or subjected to extreme hardship by your U.S.-citizen or permanent-resident spouse.

If you are still married to the same spouse, you and your spouse have to apply together to have your conditional status removed. You may apply to have your conditional status removed 90 days before your second anniversary as a conditional resident. Keep in mind, your Green Card usually expires about the time of your 2 nd year anniversary. If you do not apply to remove the conditions placed on your status, you run the risk of not only losing your conditional resident status but also possibly being removed from the country.

If you are no longer married to your spouse or you or your children were victims of domestic abuse, you can apply to have the joint filing requirement waived. If your marriage has ended because of death, divorce or annulment, or if you or your children are the victims of domestic abuse, you and your children may apply to have the conditional status removed at any time after you become a condition resident, but before your status expires. You will have to prove that removal from the United States would cause you extreme hardship.

This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

Email: [email protected]

Phones: 13106230080 & 19496770063

Imo: 13106230080 & 19496770063

Telegram: 19496770063

WhatsApp: 19496770063

Office Locations:

Los Angeles (Westwood) Location

-Openheimer tower

10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024

Phone: 13106230080

Orange County Locations:


-7700 Irvine Center Dr. Suite 800, Irvine, CA 92618

Newport Beach:

-5000 Birch St, Suite 3000 Newport Beach CA 92660

Phone: 19496770063

About the Author

Ramona Kennedy

Attorney Ramona Kennedy is a Compassionate attorney who cares and will fight for you A vivid reader, attorney Kennedy was inspired by her father who passionately attributed to her academic & personal growth. Her Father was a very kind, highly intelligent, disciplined & dedicated family man in un...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Ramona Kennedy Law Offices (Kennedy Law L.C.) is committed to answering your questions about Personal Injury, Civil Litigation, Immigration (including Criminal ) Law in California.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.