What Is a Conditional Green Card for a Spouse?

Your spouse may not be a citizen or legal resident of the United States. But just with the simple fact that you are a United States citizen, your spouse may be eligible to legally enter and reside in the United States. One way they may achieve this is by obtaining a conditional green card. Read on to discover the terms for a conditional green card and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you plan out your next steps.

What are the terms for a conditional green card for my spouse?

Simply put, your spouse obtaining a conditional green card means that they obtain the ability to legally live and work in the United States; similar to the rights of any other green card holder. However, it is worth mentioning that your spouse’s conditional green card is only set to last for two years. Contrastingly, most other green cards may be valid for up to 10 years with an option for renewal.

Essentially, the United States Citizenship and Immigration Services (USCIS) offers the conditional green card option to evaluate the validity of your marriage within its first two years. This is set to combat marriage fraud, an act that, unfortunately, commonly arises amongst those attempting to acquire United States citizenship or legal residency.

What should I do when my spouse’s green card is set to expire?

You must understand that your spouse’s conditional green card cannot be renewed. This means that, after two years, your spouse may have to exit the United States if they do not take the proper measures toward adjusting their status. Namely, they may apply for a permanent green card by filing Form I-751, Petition to Remove Conditions. And since the conditions for their stay are based on your marriage, Form I-751 is a joint petition that you must complete together. Without further ado, you and your spouse must take the following steps:

  1. You and your spouse must provide your signatures wherever it is requested throughout the form.
  2. You and your spouse must supplement the form with additional evidence of your marriage (accumulated in the time since the original green card application).
  3. You and your spouse must supplement the form with a front-and-back copy of the conditional green card.
  4. You and your spouse must include payment for the $595 filing fee and $85 biometrics fee with the form.
  5. You and your spouse must submit the form within the allotted 90-day window (filing too early will cause the form to be sent back and filing too late will cause the form to be denied).
  6. You and your spouse must schedule an interview with a USCIS officer if it is requested after your submission of the form.

You must consult with a competent Milwaukee, WI green card lawyer far before the date on which your spouse’s green card is set to expire. So please contact us at Sesini Law Group, S.C. today.

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