Removing Conditions of the Green Card
When I received my green card in 2022, the green card was only valid for 2 years. Why? It is called a Conditional Green Card, and I was issued this type of green card because I was married within 2 years of my H1b visa expiring. The United States issues this conditional green card because they want to make sure that you, as the applicant, are not just marrying a US citizen to stay in the country, but you are entering into a bona fide marriage.
Does this mean that if you get married and suddenly you find yourself in a situation where you need a divorce, but you must endure another 3 years in a horrible situation to reach the goal of citizenship? Thankfully not! You can get a divorce prior to becoming a citizen, but you must prove to the United States Government that you entered the marriage in earnest, and it did not work out for reasons other than you just needed a Green Card.
As my husband and I are still married and have no plans on divorcing anytime soon, I do not know the details of this pathway, and it is one that you should discuss with your immigration attorney.
As for the removal of the conditions of the green card and applying for your 10-year green card, the processing time of this application is extraordinarily long. The US government is in such a backlog that you will not be seeing that new green card prior to being eligible for citizenship.
Applications for the removal of the conditions can be made 90 days in advance of the expiration of the green card. For example, my green card expires mid-June of 2024 so I began the application process in February 2024 with the signing of an engagement letter, and my law firm submitted my application mid-May 2024. Within 2 weeks, I received a notice from USCIS that my application was received and reviewed, and a notice of approval will be sent out soon. This approval notice grants the applicant 48 months (4 years) of additional time in the United States and the application process is not as difficult as the initial green card application.
The form that is required for submission is an I-751 and the documentation that I submitted to prove that I was still married to my husband, and we are in a bone fide marriage for the past 2 years is the following (note: the statements/documents listed below span 2 years):
1. Joint credit card statements:
a. A photograph of the credit card (front and back) with my name and my husband’s name on the card
i. I did this only because my name is on the joint credit card statements, so this helps to prove that we are joint on this card
2. Photographs of our driver’s license (front and back) demonstrating the same address
3. IRS transcripts showing that we filed our taxes jointly as a married couple for the past 2 years as well as the tax forms for the current application year
4. Joint checking account statements
5. Mortgage payment statements
6. Twenty-one photographs of myself and my husband or myself, my husband, and my stepchildren (you are not limited to twenty-one photographs, this is all I had on my phone)
7. Joint umbrella policy
8. Joint car insurance policy
9. Home insurance policy
10. Marriage certificate
11. Original Executed Deed
12. A Costco itinerary for an upcoming family trip in August of 2024
Essentially, you are trying to prove to the United States Government that your life with your significant other is intertwined and not completely separated as two individuals who are planning on parting ways soon. There are many other supporting documents that you can submit that your lawyer will provide you with, but you are looking for any kind of documentation with both you and your spouse’s names listed.
It is important to note that you may be called for another interview; however, USCIS will send a separate notice in the mail indicating that they are going to conduct one with you.
If you are thinking about how much this process is going to cost you, plan. The government filing fee as of this year (2024) is $750 and the lawyer fee to file is $3,050.
Another important thing to note is that once you file your application for the removal of conditions, you cannot leave the country until you receive the approval notice. If you are planning to leave the United States to visit family or go on a vacation, you must travel with the following documents to be able to come back to the USA:
1. I-751 approval notice
2. Your EXPIRED green card
3. Your passport
Good luck on this part of the journey and be ready to study for that US citizenship exam!
