Removal Of Conditions On Residency

When a person applies for a green card through a marriage that is less than two years old, they are granted conditional residency for a period of two years. Within 90 days of the expiration of their conditional status of residency, they must apply for removal of the conditions.

Removing conditions is a crucial step toward becoming a permanent resident of the United States that must be properly handled at the right time to avoid loss of residency. At Robert M. Bell, P.A., we can answer questions about the green card application process and green card application time. We worked hard to get the answers that our clients from Hollywood and across South Florida deserve.

A Joint Filing Requirement

To remove your conditions and secure longer permanent resident documentation and more freedom to travel, you will need to file jointly with your spouse. This is necessary even if your spouse is a naturalized or natural-born citizen of the United States. There are some circumstances where you would not need to file jointly:

• If you’re now divorced after a genuine marriage
• If there were instances of abuse during your marriage
• When deportation would lead to extreme hardship
• If your spouse died before the time period ended

In each of the above instances, you would need to ensure that you have ample proof of your need for an exception to the rule.

What Is A Genuine Marriage?

As referenced above and on our page on marriage-based green cards, a genuine marriage is a necessary requirement. According to the United States Citizen and Immigration Services (USCIS), a marriage “entered into in good faith” is a major consideration. That means that you will have to prove to the authorities that you did have that good faith – at least at the onset of your marriage.

There are many ways to prove that, but it will likely take a holistic look at your combined life from multiple perspectives:

• Financial: Shared bank accounts, shared loans, shared bills
• Personal: Affidavits from loved ones, photos of your relationship, children
• Residential: Proof of cohabitation or shared mortgages

Any and all metrics that could demonstrate the level of commitment that you and your partner have to each other. This evidence is also important if you are no longer in the marriage by the time it is to be filed.

What Happens After Filing?

After filing and completing your interviews, there is typically a waiting period during which the USCIS reviews the application. You may have a denial or an approval. If approved, you’ll receive your new green card in the mail. If the USCIS denies your application, then it’s time to consider your options.

We’re Dedicated Immigration Lawyers On Your Side

For clients across Florida, we’re constantly working to find outcomes and solutions that make sense. We are attorneys who can advocate for you throughout the immigration process and meticulously prepare your applications and appeals. Reach out to our firm to learn more about us by calling 954-400-3156 or sending an email.