You may have been initially eligible to enter the United States on a K-1 fiancé visa and later applied for an adjustment of status. Otherwise, you may have been admitted to the country on another immigrant visa and married a United States citizen or permanent resident less than two years ago. Either way, you may now have conditional permanent resident status in the country. Continue reading to learn about conditional permanent resident status and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you get your conditions removed correctly.
What is a conditional permanent resident status for a spouse?
In short, your permanent resident status in the United States may be conditional if it is based on your marriage to a citizen or lawful permanent resident, and in turn, you have been married to this individual for less than two years. You may still hold the same rights and responsibilities as any other permanent resident of this country. However, the “conditions” refer to the steps you must take to keep your status.
That is, your green card may be called a two-year green card because it lasts for two years. So, to keep your status after these two years, you do not renew it through Form I-90, Application to Replace Permanent Resident Card. Rather, you must petition for a ten-year green card via Form I-751, Petition to Remove Conditions on Residence. If you cannot remove your conditions successfully, you may lose your permanent resident status altogether. Subsequently, you may be subject to removal from the country, regardless of your marital status to a citizen or permanent resident.
Can I get conditions removed from my green card without my spouse?
Unfortunately, your marriage to a United States citizen or permanent resident may not be what you imagined or hoped for. With this, you may still try to reach your second wedding anniversary so that you may apply for a ten-year green card. However, you must understand that the United States Citizenship or Immigration Services (USCIS) may reject your petition outright if they discover that your marriage is no longer in good faith. Or, if they find documentation that you and your spouse are legally separated or undergoing divorce proceedings.
With that being said, you may be eligible to get conditions removed from your green card, without still being married to your spouse, under extreme circumstances. Specifically, you may apply to waive the joint filing requirement if you were battered or subject to extreme cruelty by your spouse. Or, if your removal or deportation from the U.S. would have you face extreme hardship back in your home country.
If you need legal representation fast, a skilled green card lawyer in Milwaukee, WI is prepared to step up. The team at Sesini Law Group, S.C. looks forward to meeting you, working with you, and helping you.