Removal of Conditions of Permanent Residence based on Marriage

removal-permanent-residence

Your marriage-based permanent residence may be conditional if, at the time you received it, you have been married for less than 2 years.

CR1 Conditional Green Cards are a way for the United States Citizenship and Immigration Services (USCIS, for its acronym in English) to reexamine marriages, to make sure they were entered into in good faith and not to circumvent United States Immigration Laws.

What happens next? Keep reading…

Can you renew your Conditional Permanent Resident Card?

No, the CR1 Conditional Permanent Resident Card cannot be renewed. The conditions must be removed prior to the expiration date or you will lose your permanent resident status and may be deported from US.

How to remove conditions of permanent residence based on marriage?

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To remove conditions imposed on your permanent resident status, you and your spouse must file a petition to do so, within the period of 90 days before the card expires, by filing Form I-751: Petition to Cancel Conditions of Residence.

Send the request to eliminate the conditions is not enough: You must include the documents that are required in the form, which will help them to demonstrate that your marriage is authentic.

USCIS sometimes requests to interview you and your spouse after your application. If they do, they will send you a notice with the date and place of the interview. After the interview, they will be informed of the decision made.

If approved, USCIS mails a 10-year Green Card. You are now officially a lawful permanent resident!

What documents must be attached when filing form?

It’s recommended that you present more evidence than you entered in your initial application for the Permanent Resident Card and thus demonstrate the circumstances of the relationship, from the date of the marriage to the current date. It may include:

  • Birth Certificates of the children born, if applicable.
  • Lease or Mortgage Contracts that demonstrate joint occupation and/or ownership of your residence.
  • Financial Records showing joint ownership of assets and joint responsibility for liabilities, such as joint savings and checking accounts with transaction history, complete federal and state tax returns, insurance policies showing the other spouse as beneficiary, bills joint utilities, joint fees or other loans.
  • Affidavits sworn or confirmed by at least 2 people who know them both from their conditional residence and have personal knowledge of their marriage and relationship. These individuals may be required to testify before an Immigration Officer about the information contained in the affidavit.

How long does it take to remove conditions of permanent residence based on marriage?

The completeness and thoroughness of your petition package will be a very important factor to consider.

After filing the petition to remove the residency conditions, the processing time for your Form I-751 can take approximately 12 to 18 months.

How much does it cost to remove conditions of permanent residence based on marriage?

At the time of filing the I-751 form you must pay $895 plus $185 for biometric services.

You can cancel the fee with a personal check, money order or cashier’s check.

Eliminating marriage-based permanent residence conditions is among the most sensitive and critical immigration processes.

At Tramites de Inmigracion USA Corp we can advise and guide you throughout this delicate process. We guarantee that you will continue to live and work in the US!

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