How to Remove Conditions from Your Green Card and Become a Permanent Resident

If you received your green card through marriage and were married less than 2 years when it was issued, you have what’s called a “conditional green card.” Don’t worry – this is completely normal! But you’ll need to take an important step to become a permanent resident: filing Form I-751 to remove these conditions .

Let’s walk through everything you need to know about this process.

What is Conditional Permanent Residence?

A conditional green card is valid for only 2 years. To remain a permanent resident, you must file Form I-751 (Petition to Remove Conditions on Residence) with USCIS before your condition card expires. This process allows USCIS to verify that your marriage to a US citizen or permanent resident was entered in good faith and not just to obtain immigration benefits.

Think of the conditional period as a probationary period. Just like a probationary period at a new job, this gives USCIS time to verify that everything is legitimate. The good news is that once conditions are removed, you’ll receive a regular 10-year green card and won’t have to worry about this process again.

When to File Your Petition to Remove Conditions

Timing is absolutely crucial when filing Form I-751. Filing too early or too late can cause serious problems with your immigration status. Here’s exactly what you need to know:

The 90-day filing window opens exactly 90 days before your conditional green card expires. For example, if your card expires on September 1, 2025, you can file Form I-751 starting on June 4, 2025. Mark your calendar for this date – it’s that important!

What happens if you file at the wrong time?

• File too early: USCIS will reject your petition and return it to you
• File too late: You’ll need to provide a detailed written explanation of why you missed the deadline, and USCIS may deny your petition
• File within the window: Your status automatically extends for 48 months while USCIS processes your case

Filing Options for Form I-751

There are two main paths for filing Form I-751, and choosing the right one is essential for success:

Joint Filing with Your Spouse

This is the standard way to file when you’re still happily married to the same US citizen or permanent resident spouse who petitioned for you. For a joint filing, you must:

• Complete Form I-751 together with your spouse
• Both sign the petition under penalty of perjury
• Provide extensive evidence that your marriage is genuine and ongoing
• Submit the current filing fee (as of 2024, this is $760)
• Include biometric services fees for each person
• Submit copies of your conditional green card and other required documents

Filing with a Waiver Request

Life doesn’t always go as planned, and USCIS understands this. You may be eligible to file without your spouse’s cooperation if:

• Your US citizen or permanent resident spouse has passed away
• Your marriage ended in divorce or annulment, but you entered it in good faith
• You or your child suffered battery or extreme cruelty from your spouse
• Termination of your permanent resident status would cause extreme hardship

Each waiver type requires specific evidence and documentation. For example, if filing due to divorce, you’ll need your final divorce to decree more evidence that the marriage was genuine before it ended.

Required Evidence for Your I-751 Petition

USCIS needs convincing proof that your marriage is or was genuine. The more evidence you can provide, the better. Strong evidence includes:

Financial Documents:

• Joint bank account statements showing regular activity
• Shared credit card statements
• Joint tax returns
• Shared loan documents or mortgage statements
• Joint insurance policies (health, car, life)

Living Arrangements:

• Lease or mortgage documents showing both names
• Utility bills addressed to both spouses
• Mail addressed to both spouses at the same address
• Property ownership documents

Relationship Evidence:

• Birth certificates of children born to marriage
• Photos together at different events over time
• Holiday cards addressed to both spouses
• Social media posts showing your life together
• Travel itineraries or hotel reservations for trips taken together
• Affidavits from friends and family who know your relationship
• Text messages or emails showing ongoing communication

The Processing Timeline and What to Expect

After filing Form I-751, here’s what typically happens:

1. Receipt Notice (1-2 weeks after filing):
   1. USCIS sends a notice confirming they received your petition
   2. This notice extends your status for 48 months
   3. Keep this notice with your expired conditional green card
2. Biometrics Appointment (2-3 months after filing):
   1. USCIS schedules fingerprinting and photos
   2. Both you and your spouse (for joint filings) must attend
   3. This updates your background check
3. Review Period (6-18 months):
   1. USCIS reviews your petition and evidence
   2. They may request additional evidence if needed
   3. Some cases require an interview, others don’t
4. Decision:
   1. USCIS will mail their decision to your address
   2. If approved, you’ll receive a new 10-year green card
   3. If denied, you’ll receive a detailed explanation and may be placed in removal procedures

Important Tips for Success

To ensure the smoothest possible process:

• Start gathering evidence at least 6 months before filing
• Make sure all non-English documents include certified translations
• Keep copies of everything you submit to USCIS
• Respond quickly to any requests for additional evidence
• Don’t travel internationally without consulting an attorney if your case is pending
• Update USCIS if you move using Form AR-11

Working with an Immigration Attorney

While it’s possible to file Form I-751 on your own, working with an experienced family immigration attorney can make a huge difference. A good attorney will:

• Review your entire case to identify potential issues
• Help gather and organize the strongest possible evidence
• Ensure all forms are completed accurately
• Handle communication with USCIS
• Respond professionally to any complications
• Give you peace of mind during the process

Next Steps After Approval

Once USCIS approves your petition:

• You’ll receive a new 10-year green card in the mail
• You’re now a permanent resident without conditions
• You can travel freely with your new card
• You may be eligible to apply for citizenship after meeting residency requirements
• You no longer need to worry about removing conditions

Need Help Removing Conditions from Your Green Card?

Don’t risk delays or denials with your Form I-751 petition. At Altius Immigration Law , we understand how overwhelming the immigration process can feel. Our experienced team helps conditional residents successfully remove conditions from their green cards.

Founded by an immigrant who understands these challenges firsthand, our multilingual team provides personalized attention and simplified communication throughout your journey to permanent residence. We’ve helped hundreds of clients successfully navigate this process, and we can help you, too.

Contact us today for a consultation to discuss your case and learn how we can help make this process easier. Let us help you take this important step toward securing your future in the United States.