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Legal Permanent Residents who obtain their status based on a marriage that is less than two years old at the time of the grant are initially given Condition Permanent Residence, which is valid for two years. Within 90 days prior to the expiration of the Conditional Permanent Residence, the I-751 Petition to Removal Conditions must be filed with USCIS. Failure to file the I-751 Petition within this window results in being placed in removal proceedings, so it is an important deadline that is not to be missed. Once approved, the Conditional Permanent Resident receives a standard 10 year Legal Permanent Resident card, to renew as needed.
Caroline Ostrom, Minneapolis business immigration attorney, assists Conditional Permanent Residents in the Twin Cities and nationwide to file I-751 Petitions. We encourage you to contact us if you need legal advice about the requirements or the I-751 Petition process.
If the parties to the original green card application based on marriage continue to be in the relationship, they file the I-751 Petition jointly, with evidence of continuing to share a life together in a “good faith” marriage not entered into to circumvent U.S. immigration laws. There can be an interview at the local office on the Joint Petition, but this is relatively rare.
If the parties to the original green card application are still marred, but the relationship is having difficulties, the Joint Petition to Removal Conditions can still be filed, assuming both parties are willing to sign the Joint Petition. The parties present evidence of “good faith” entry into the relationship, and also truthfully explain the present state of the marriage. The Joint Petition can still be granted in this circumstance, but an interview at the local office is likely. If the parties enter into divorce proceedings while the Joint Petition is pending, it will be converted to a Waiver Petition by the Conditional Permanent Resident.
If the marriage that is the basis of the Conditional Permanent Residence has ended in divorce, the Conditional Permanent Resident can apply alone to remove conditions with the I-751 Petition. He or she must demonstrate that the marriage was entered into in “good faith” and not to evade U.S. immigration laws. The probability of an interview on the I-751 in this circumstance is high, but the Conditional Permanent Resident has a good chance of removing the conditions and gaining standard Permanent Residence, provided the “good faith” marriage test is met.
If the parties have initiated divorce proceedings but are not yet officially divorced, the Conditional Permanent Resident can still file the I-751, without the divorce decree, to meet the 90 day window. USCIS will generate a Request for Evidence (RFE) for the decree. If the divorce decree can be obtained within the deadline of the RFE, that can conclude the matter, assuming “good faith” entry into the marriage is established. If the divorce degree is not finalized in time to respond to the RFE, the case will be referred to Immigration Court, where the Conditional Permanent Resident can present his or her case to removal the conditions, and produce the divorce decree.
We provide assistance to Joint Petitioners to file timely I-751 Petitions with sufficient supporting evidence to help avoid Requests for Evidence and interviews at the local office. For those who are filing jointly where the relationship is having difficulties, or for those filing for a Waiver of the joint requirement, we provide guidance and support through what can be a difficult process.
Based in Minneapolis, our immigration team works with Conditional Permanent Residents in the Twin Cities and nationwide to file I-751 Petitions. We welcome you to contact Ostrom Law Office for assistance with your immigration matter.