An individual who obtained a Green Card through marriage and came to the U.S. on a K1 visa or a CR-1 visa and received their Green Card 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 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 them on your petition. 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 this file jointly with your spouse, 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.
Here is what you need to know about the Removal of Conditions process
You can and should apply 90 days before your conditional green card expires.
You must apply before your conditional green card expires unless there is a very good reason for filing late.
You will have a biometrics appointment where they take your fingerprints and photograph.
You may or may not have an interview.
There are no income requirements for the Removal of Conditions and no Affidavit of Support to file.
Processing time is averaging about 4 months.
What We Do For You
We prepare all the forms...all you do is sign them.
Fees for Removal of Conditions
$300 Fee to Filipina Fiancee Visa (To get started)
$680 Filing Fee to USCIS ($595 Filing fee plus $85 Biometrics fee)
$980 Total All Fees
Plus $100 for EACH child included.
We charge $100 for each child which you want to include on this application, the child will also have their conditions removed and be issued a 10 year green card. There is no additional filing fee for included children however, the government will charge a $85 biometrics fee for each child.
Our one-time fee includes full support all the way
through receipt of the new green card
Petition to Remove the
Conditions of Residence
Pay Total $300.
(Plus Fee of $100 Extra Per Child)