If you gained the residence status through marriage to a US Citizen or Permanent Resident you must file the form I-751 (Petition to Remove Conditions on Residence). If your dependent children acquired conditional resident status along with you, then they also must be included in the application to have their conditional status removed. If your dependent children acquired conditional resident status after the status was adjusted or if the conditional resident parent deceased then those dependent children must file Form I-751 separately to have their conditional status removed.
Conditional Green Card:
The Conditional Residence Status is available for two years from the approval date. It will expire when the two year conditional period is over and you will be deported and removed. To avoid the deportation and removal , you need to file form I-751, 90 days or less before your conditional residence expires. After you apply Form I-751, USCIS will grant an extension of 1 year interval time in United States until the request to remove conditions is approved or denied.
There are other reasons you can continue filing the Form I751 with a waiver when you,
– entered the marriage in good faith, but spouse subsequently died;
– entered the marriage in good faith, but the marriage was later terminated due to divorce or
– entered the marriage in good faith and have remained married, but have been battered or
subjected to extreme cruelty by U.S. citizen or permanent resident spouse; or
– termination of the status and removal would result in extreme hardship.
If you file based on marriage, you must provide documents such as birth certificates of children, joint financial statements, and letters from employers, friends and relatives to prove that the applicant obtained the conditional residence status without fraudulent.
If you file based on your joint filing to be waived then you need to provide documents such as \
– evidence of death certificate (if spouse deceased),
– copy of divorce certificate (if marriage terminated),
– evidence of abuse (if you or your child was battered or subjected to extreme cruelty).
When to File
If you file this form along with your spouse, you must file it during the 90 days before your second anniversary of the date if approval of your Conditional Residence Status.
If you are filing this form that the joint filing requirement with your spouse to be waived, then you may file this application anytime after conditional residence status is granted or before your removal.
If you fail to file this form then you will lose your permanent residence or you will be subject to deportation. If your delay to file your application is not your fault, you may then provide an explanation to the USCIS to execute the late filing.
After your Petition to Remove Conditions on Residence was received by USCIS, they will check for completeness , including submission of all initial evidence. You may then be requested to appear for an interview at USCIS office. The decision on approval of your petition depends on your eligibility and the requested benefit.