An individual who obtained a Green Card through marriage and came to the U.S. on a K1 visa, probably received a Conditional Permanent Resident card that is valid for two (2) years. When this two-year conditional period ends, the permanent residence status automatically expires and the applicant may be subject to deportation and removal. To avoid this, 90 days or less before the conditional residence expires, the applicant must file a Petition to Remove the Conditions of Residence. Once approved, the conditional status will be removed and the applicant will receive their new Permanent Resident card that is valid for 10 years.

When to file Petition to Remove the Conditions of Residence

It is important to file within 90 days before your conditional green card expires. And when you do submit your petition package to remove your conditional status, it may be wise to file it at the early end of the 90-day period.

NOTE: Do not to file before the 90-day window because if you file too early, the USCIS will return your application.

Who May File Petition to Remove the Conditions of Residence

If you are still married, file jointly with your U.S. citizen or permanent resident spouse through whom you obtained your conditional permanent status. If you have dependent children on a K-2 visa who obtained their conditional permanent status when you did and they entered the United States within 90-days of your arrival, then you can include their names and A-numbers in Part 5 of your petition form. If the children obtained their conditional status 90 days after you obtained or adjusted your status or if the conditional permanent parent dies, they have to file separately in order to remove their conditional status.

• In case you, the conditional permanent resident, do not file jointly, you may apply for a waiver if:
• You can show that you entered the marriage with honesty and good intentions, but your spouse subsequently died;
• You can show that you entered the marriage in good faith, but the marriage ended because of divorce or annulment;
• You can show that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
• The termination of your status and removal would result in extreme hardship.

In cases when you are asking for a waiver, proof to support your request will be very important. For example, a copy of you divorce decree or police, court or medical proof that you were abused or a death certificate showing that you spouse died.

We charge $200, plus government fees ($590) to finalize, advise you of needed evidence, and assemble the Removal of Conditions package ready to be filed. We will finalize the form and return it to you for signatures, along with a list of all needed evidence. Processing time is averaging about 4 months, sometimes with and sometimes without a live interview.