Obtaining a permanent resident card, more commonly referred to as the green card, is not as easy as it once was. Many people don’t realize that a lot has changed when it comes to gaining permanent residence status in the U.S. For example, the most common avenue for qualifying for U.S. residency -marriage – has been greatly restricted and diminished due to legislation passed back in the late’80s and the late’90s. Although many popular misconceptions continue to float around these days, the reality is that marriage is still one of the quickest ways to get an American green card, but it typically results in receiving 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.

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.

In seeking to lift the conditions placed on your permanent residency, it is extremely important that you apply to have the conditions removed 90 days prior to your second wedding anniversary. Since your second anniversary is also the date your conditional permanent residency expires, it will not be a difficult date to determine. This date can be easily found on your permanent resident card. Therefore, as a strict rule, you must file to have the conditions removed within 90 days prior to the expiration of your permanent residency. If you fail to file within the 90 day time period, the application will not be valid.

Once you’ve determined the three month period of time in which you can file to have the conditions from your permanent residency lifted, you need to act on it. Be sure to come up with a set date that you will file the appropriate forms on. In the case of a marriage that’s being used to satisfy the criteria for permanent residency, you will need to file form I-751, which is also known as the Petition to Remove Conditions on Residence. Make sure that this is done no later than the expiration date; otherwise, your residency will become expired and you could be deported.

It is important to note that the appropriate form must be filed jointly. In other words, your spouse must appear with you to file form I-751. In most cases, a marriage that has ended before the two year period of time has expired is considered sufficient evidence for denying permanent residency. However, if it can be shown that the marriage ended through no fault of your own – i.e., your spouse died or they were abusive toward you – then you might be able to get around this requirement.

The next step after filing the I-751 form, is the green card interview. You and your spouse will have to participate in this interview process in order to establish that your marriage was lawful and you have been living together since your wedding. The entire purpose of this interview is to prove that you did not commit a fraud by paying your spouse to marry you in order to gain residency.

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 specializes in the green card application educates people on the many immigration interview questions.

categories: conditional green card,green card applications,greencard,green card,law,immigration law,immigration,application,marriage

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