You may submit an I-751 Petition which is a Petition to Remove Conditions on Your Residence. This petition is for a person who obtained status through marriage to a United States citizen to have conditions on their residence removed. The filing fee is currently $505.00. People who are eligible and apply for permanent residence based on either a recent marriage to a U.S. citizen or as an investor are granted permanent residence only on a conditional basis for two years. However, there are exceptions to many immigration rules. One exception is when a U.S. citizen sponsored a spouse where the marriage at the time of the adjustment of status was more than two years old. In this case, the conditional status is waived and a 10-year Permanent Resident Card is issued.
When this two-year conditional period is over, the permanent residence automatically expires and the applicant is subject to deportation. To avoid this, 90 days or less before the conditional residence expires, the applicant must file Form I-751 Petition to Remove Conditions on Residence if the conditional permanent residence was obtained through marriage, or Form I-829 Petition by Entrepreneur to Remove Conditions if the conditional permanent residence was obtained through investment to have the conditions removed. Once the application is received, permanent residence is extended in 1-year increments until the request to remove conditions is approved or denied.
An applicant must provide evidence to support the petition. For an application based on marriage, an applicant may submit birth certificates of children, joint financial statements, and letters from employers, friends and relatives. The purpose of the evidence is to ensure that the marriage was in good faith and not a fraudulent marriage. A follow-up interview with an immigration officer is sometimes required but may be waived if the evidence evidence is sufficient. If an interview is required, both spouses must attend.
Once you become a permanent resident of the United States you must carry your green card with you. Failing to do so is a violation of the Immigration and Nationality Act and can result in a fine of up to $100 and/or imprisonment for up to 30 days for each offense. Only the federal government can impose the penalties and not individual states. If you find yourself in a green card violation situation, consult with experienced immigration counsel.
Also, if you would like to submit an I-751 Petition, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request.