Understanding The Inner Workings Of The Conditional Green Card

A very popular misconception about the United States permanent resident card or green card, as it is also referred to, is that getting married to a United States citizen guarantees permanent residency status. Unfortunately, obtaining a United States permanent resident card is not what it once was. Legislation that was passed back in the late 1980’s and the late 1990s restricted and greatly diminished the most common avenue for qualifying for U.S. residency. Even though residency through marriage remains to be one of the fastest ways to get an American green card, it typically results in obtaining a conditional green card first.

A conditional green card is most commonly issued when the marriage, which is the basis for the green card application, is less than two years at the time the green card application is filed. Conditions are placed on the status of the permanent residency as the government’s way of ensuring that the marriage is lawful. In other words, foreign nationals are not marrying U.S. citizens for the purpose of obtaining permanent residency status. While obtaining a conditional green card is by no means a guarantee to permanent residency status, it is still a positive first step to becoming a U.S. citizen.

A conditional green card grants you conditional permanent residence status. This simply means that your permanent residency is conditional upon further investigation by the government. By no means does this mean you will ultimately be denied permanent residency, but it does place certain obstacles and requirements upon you. In a situation where the marriage lasts less than two years, it can be inferred that the marriage was fraudulent. As a result, the applicant would lose their permanent residency and be sent back to their home country. This type of situation can be avoided if the conditions are removed from the permanent residency.

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.

In cases where marriage is the criteria upon which the permanent residency is based, form I-751 Petition to Remove Conditions on Residence, needs to be filed three months prior to the expiration of the applicant’s permanent residence. Since the timing of the filing of this form is crucial, you should come up with a set date, which you will adhere to, as to when the form will be submitted. Again, make sure to file this form no later than the expiration date in order to avoid your residence expiring and possibly being 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.

The green card interview questions can vary from case to case; the best course of action is to be as honest and open as possible. Be prepared to provide documentary evidence about your marriage and be willing to hand over as much evidence as possible about you and your spouse. The more information you have, the better. If all goes well, you won’t have to deal with a conditional green card for much longer. Your permanent residence status will be extended at one year intervals until your petition is approved or denied. Either way, knowing what to expect is the best way to get through the conditional green card process.

Deen Ercolla discusses how to get a green card and what to look for if you decide to hire an immigration attorney.

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