Removing the 2-year Condition / I-751

San Francisco Bay Area Immigration Law Firm

If a foreign national obtains lawful residence by way of a marriage that is less than 2 years old at the time the green card is approved, then they are given a "conditional" status. If a marriage between a U.S. citizen and a foreign national is less than two years old, it is considered conditional. Under conditional status, the foreign national's green card will expire after two years. However, the couple can apply to remove the 2 year condition via the I-751 form.

To find out more about conditional status on residence, contact the immigration attorneys at the San Francisco law firm of Wiley & Jobson. Call us now at 415-627-9161.

Removing the Conditions - I-751 Form

In order to remove the 2 year condition on residence, an I-751 form must be filed within the 90 day period preceding the expiration of the spouse's two year conditional resident status. If approved, the spouse's immigration status will be extended to a 10-year green card.

At Wiley & Jobson, we can help you complete the I-751 process. We have helped countless couples remove the 2 year condition through joint filing, and understand how the United States Citizenship and Immigration Services (USCIS) handles these requests. We will use this knowledge and experience to help you stay in the United States and become a permanent resident without a condition.

Documenting the Marriage

The USCIS handles the I-751 processing. As part of this procedure, USCIS must make sure that the marriage is authentic. This involves analyzing documentation of the marriage, including:

• Birth certificates of any children
• Pictures of the couple together
• Joint financial, insurance or bank statements containing both names
• Joint tax returns
• Titles to property demonstrating joint ownership
• Sworn affidavits from family members or friends
• Cards or letters addressed to both spouses at one address

There are many more ways in which to provide documentation of a marriage. Our attorneys can help you identify the additional methods to document and prove your marriage to the USCIS.

Are you divorced or separated and filing the I-751 alone?

You can still file an I-751 application to remove your residency conditions. There is a chance that your waiver application will be approved, if the United States Citizenship and Immigration Services (USCIS) believes that you entered the marriage in good faith and your divorce is final, or that termination of your status would result in extreme hardship, or that you have been a victim of domestic violence.

Find out more about divorce and immigration.

For more information about conditional status, contact our San Francisco lawyers online or call 415-627-9161.