Conditional Green Card: Everything You Need to Know The purpose of a conditional green card is to help weed out “sham marriages,” where couples get married — and divorce shortly afterward — for the sole purpose of obtaining a green card. Marriage-Based Conditional Residents: When and How to ... Your status is conditional until you prove, after a specified period of time, that you did not enter the marriage to circumvent the immigration laws of the United States. Many people receive United States green cards based on a marriage to a United States citizen or lawful permanent resident. Removing Conditions on Permanent Residence Based on Marriage. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. You cannot renew your conditional Green Card. Most green cards are granted permanently and must be renewed every 10 years. A Conditional Green Card and a Permanent Green Card both have the same rights; like public education for the holder's children and employment rights for the holder's spouse. This means that your status will expire in two years—in fact, you will see a two-year expiration date right there on your green card. Removing Conditions. Removing Conditions. Most green cards are granted permanently and must be renewed every 10 years. Will I get an I-751 interview to remove conditions on my green card? If your marriage was less than two years old on the day you were granted permanent residence, USCIS issues a conditional green card. This guide explains divorce after getting a green card throughout various stages of the process, outlines what you can do about your situation, and … However, divorcing a sponsor who applied for your green card benefit can affect your immigration status. Due to concern that recent marriages are more likely to be shams, the immigration laws basically gave U.S. I-751 is a petition for removing the condition of permanent residency. Conditional Marriage-Based Green Cards. If you and your U.S. spouse were married for less than two years at the time of your approval for marriage-based U.S. residency, you will be given conditional residence. Purpose of Conditional Residency. This will generally only be an issue if they marry or file a green card application within 90 days of entering the United States. If the beneficiary overstayed on a visa but is married to a U.S. citizen, they can generally still apply for a green card through adjustment of status. If they are married to a green card holder, however, they will typically need to leave the United States and apply for residence from outside the country. For marriage-based green cards, the petition that has to be filed is called a Form I-751. If you and your spouse had been married for less than two years at the time your green card (visa) was approved, your green card will be “conditional,” and only valid for two years. What is a conditional Green Card? Couples together must file Form I-751 (officially called the “Petition to Remove Conditions on Residence”) during the 90-day period immediately before the expiration of the conditional green card in order to “remove the conditions” and obtain a permanent green card. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. Towards the end of that two-year period, the conditional green card holder has to file an application to remove the condition from their green card. The notation "CR-1" indicates that you received only conditional residence. A conditional green card, however, is a temporary two-year resident status issued to immigrants who: Are receiving a green card through marriage. In any marriage-based application for a green card, the immigration authorities look very closely at whether the marriage is the real thing, not just a sham to get the immigrant a green card. You will get a conditional green card if your green card is based on a marriage that was less than 2 years old on the day you were given permanent residence. To remove conditions, you must file Form I-751, Petition to Remove Conditions on Residence. To remove the conditions on a Green Card based on marriage, you must file Form I-751, Petition to Remove the Conditions of Residence. That same year, Congress began enacting tougher requirements for marriage-based green cards, and introduced the “conditional green card” as part of the effort to deter sham marriages. Due to concern that recent marriages are more likely to be shams, the immigration laws basically gave U.S. In any marriage-based application for a green card, the immigration authorities look very closely at whether the marriage is the real thing, not just a sham to get the immigrant a green card. A conditional green card is issued to 1) a foreigner who has been married to a U.S. citizen or a permanent resident for less than 2 years and 2) an entrepreneur (investor). You also must pay an additional $85 for your biometrics service. Rather, they will be categorized as conditional. For certain types of green card cases, including cases involving people who are applying for a marriage-based green card, and in all cases of people that are applying for a green card through the EB-5 Investor Visa Program, the person who is applying will first get a “conditional green card.” A conditional green card is a two-year green card, which provides … Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. The major differences between these two cards relate to their renewability and length. The marriage between you and your spouse needs to be real. This means you married for love. In other words, do not get married for the purpose of receiving a green card or evading any provisions of immigration law. Seems obvious, doesn’t it? In the 90 days before the card expires, you and your spouse are supposed to file an I-751 Joint Petition to Remove Conditions on your residence by showing that you are still living together. Victims of the fake marriage for green cards are destroyed and left alone. But there is one condition that it should be done before two years of marriage. If you get your green card through marriage to a U.S. Citizen or Permanent Resident and you have been married less than 2 years when the green card is issued, you get a 2-year conditional green card. What is a conditional Green Card? It costs $595 to file the form itself. A Conditional Residence Green Card is only … citizenEstablishing the marriage relationship ( Form I-130 ): 8-11 months*Applying for the green card ( National Visa Center application ): 1-2 monthsInterview and approval: 1-2 months (but can be longer) If you have been married for over 2 years before applying, you can receive the IR1 Green Card which lasts for 10 years. The spouse will receive a CR1 (or “conditional”) green card. At the end of that period, the couple files Form I-751, Petition to Remove Conditions on Residence, and other supporting documents as evidence of a bona fide marriage. In the context of the EB-5 visa, the form that is used is a Form I-829. If any one of you and your spouse has conditional residency, it means you can file I-751. Have only been married to their U.S. citizen spouse for two years or less. Conditional Green Card and Divorce: this is a subject immigration attorneys often hear about. A conditional green card, however, is a temporary two-year resident status issued to immigrants who: Are receiving a green card through marriage. A marriage Green Card lasts for a set period of time before it must be renewed. A conditional Green Card may be issued to people who apply for a Green Card due to their marriage to a US citizen or as an entrepreneur investing in the US. Conditional green cards are valid for only two years. Some call it a “temporary green card.” Not everyone gets a conditional card, however. If the stamp doesn't make it clear, wait until your actual green card arrives. To remove conditions on a Green Card for entrepreneurs, you must file Form I-829, Petition by Entrepreneur to Remove Conditions . Where a marriage is real, no matter what it takes, if the non-U.S. citizen gets their green card … If you are granted a conditional green card through the investment program (EB-5), and if your green card expiration date is near, you are required to petition to remove the conditions to become a permanent U.S. resident. If you have been married for less than two years when you apply, you will receive a CR1 Green Card, also known as a "Conditional Green Card." The conditional Green Card will be issued for 2 years and can not be renewed. In reality, marriage is a commitment to another person, and the process of getting the person legal status can take months or even years of processing. Purpose of Conditional Residency. If you get your green card through marriage to a U.S. Citizen or Permanent Resident and you have been married less than 2 years when the green card is issued, you get a 2-year conditional green card. The U.S. If your conditions are not removed, you will lose your permanent resident status and you will become removable from the United States. Last Updated: November 17, 2021. A conditional Green Card may be issued to people who apply for a Green Card due to their marriage to a US citizen or as an entrepreneur investing in the US. The conditional green card is like a probation period for two years during which the couple builds a record of their married relationship together. Evidence. The date below the CR-1 should show when your two years of conditional residency will end. Citizenship and Immigration Services (USCIS) issues these cards to spouses of US citizens. A Conditional Green Card is a document that provides foreign nationals who are married to United States' citizens a two-year residency. The purpose of the conditional green card is to stop marriage and immigration fraud in the United States. Conditional Marriage-Based Green CardsFor foreign nationals who have been married to a U.S. citizen for less than two years when they arrived in the U.S. or when their green card (adjustment of status) was approved will not qualify as a permanent resident. After you file an I-751, the … Process from Conditional Green Card to Permanent Resident Requirements. Your next step will be to apply for Removal of Conditions and obtain a 10-year green card to become a permanent resident of the United States. As it turns out, the estimate that a third of couples who apply for marriage-based green cards got married solely for immigration reasons was grossly exaggerated. The Conditional Green Card cannot be renewed, rather these cardholders must apply to have their limited conditions removed to … For more information, see: If you’re applying for a green card or you have a conditional green card and you're getting a divorce, this is what you need to know. Conditional green cards are valid for only two years. Citizenship and Immigration Services (USCIS) … Generally, this will be indicate… You will get a conditional green card if your green card is based on a marriage that was less than 2 years old on the day you were given permanent residence. To remove the conditions on a Green Card based on marriage, you must file Form I-751, Petition to Remove the Conditions of Residence. Rather, they will be categorized as condi Getting an unconditional green card is very important in order to live, work and travel in the US for the rest of your life. Costs. Have only been married to their U.S. citizen spouse for two years or less. Before this 2-year green card expires, the conditional permanent resident must apply to “remove the conditions” and obtain a “permanent” green card to continue living lawfully in … Yes, it is possible. … A two-year expiration date means you're a conditional resident. Marriage is Not a Guarantee that You Will Get a Green Card Getting married is one of the ways to receive a Green Card, but it is foolish to assume that simply getting married to a U.S. citizen will result in the automatic receipt of a Green Card; instead, even after marriage, there are often many hoops to jump through. When you receive your marriage green card, you may notice that you were given a conditional permanent residency card. Your permanent resident status is conditional if it is based on a marriage that was less than two years old on the day you became a permanent resident. We give you conditional permanent resident status when you are either admitted to the United States on an immigrant visa or adjust your status to that of … A conditional green card is one that’s valid for two years. By Fileright. The spouse will receive a CR1 (or “conditional”) green card. There is much more information about the green card process than we can cover in one blog post, since there are so many scenarios that can arise when a … For foreign nationals who have been married to a U.S. citizen for less than two years when they arrived in the U.S. or when their green card (adjustment of status) was approved will not qualify as a permanent resident. The conditional Green Card will be issued for 2 years and can not be renewed. As a foreign national recently married to a U.S. citizen, you will apply to become a permanent resident in the United States. 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