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Removal of Conditions
If your marriage to a U.S. citizen is not more than two years old at the time of granting the immigrant status, then the marriage results in conditional residence. Generally, there are two ways a conditional legal permanent resident may “remove conditions” and obtain a 10-year green card:
In a joint petition, the couple must establish that their marriage was not entered into merely for an immigration benefit and that their marriage was valid, and entered into in good faith in which the couple contemplated spending the rest of their life together at the inception of the marriage. This is exemplified by a range of evidence which should be submitted with the I-751. Such evidence includes but is not limited to birth certificates of children, if applicable or evidence of co-mingling of assets and finances such as: i) joint income tax returns; ii) joint ownership of property; iii) joint bank statements; iv) insurance under the couple’s names; and v) lease showing joint tenancy. Other evidence may include detailed affidavits from third-parties, a collection of photos, joint credit card or utility bills, travel itineraries and tickets listing the couple’s name, documents listing the spouse as the “emergency contact” of the other, etc. An interview may, but need not always be required.
Filing Solo (Waiver of Joint Filing)
In a situation where the couple cannot file jointly, then the conditional permanent resident may file a waiver of the joint filing requirement on Form I-751 under one or more of the following grounds either before, during or even after the 90-day requirement:
Deportation Proceedings for Terminated Conditional Residents
If the I-751 petition is denied, the conditional permanent resident is placed in removal (deportation) proceedings. If you are in need of an experienced immigration lawyer who is intimately familiar with the I-751 Removal of Conditions process, contact the Law Firm of Kyce Siddiqi right away.