Conditional Green Card Status

Individuals who obtain lawful permanent resident status based on a marriage to a U.S. citizen that is less than 24 months old receive their lawful permanent resident status on a conditional basis.
In this scenario, the individual’s green card is issued only for a 2-year period instead of the normal 10-year validity period.

In order to remove this conditional basis, the green card holder and his/her U.S. citizen spouse must jointly file an I-751 petition requesting removal of the conditional basis.
The I-751 petition must be filed during the 90-day period before the 2-year anniversary of the date on which the green card holder obtained his/her permanent residence status.
Failure to file this I-751 petition prior to this 2-year expiration date will result in the automatic termination of the green card holder’s immigration status, and his/her placement into removal proceedings.

Similar to the evidence required in the initial I-130 petition, the I-751 petition must be filed with evidence of the bona fides of the couple’s marriage.
Such evidence should consist of:
- Documentation showing joint residence.
- Documentation showing co-mingling of finances.
- Documentation showing estate, health, and financial planning.
The documentation listed above should cover the entire 2-year period of the green card holder’s conditional status.

U.S. immigration law requires that USCIS conduct an interview of both the applicant and his/her spouse during the adjudication of the I-751 petition.
However, USCIS may waive this interview requirement if the applicant meets the eligibility requirements, there is sufficient evidence of the marriage, and there is no indication of fraud, criminal matters, or other negative factors. USCIS Policy Alert (April 7, 2022).

Upon approval of the I-751 petition, USCIS will mail a new, unconditional permanent resident card, which will be valid for a 10-year period.

Revised August 8, 2023.