​​​​Conditional Green Card (2-year green card)

If you obtained a green card through marriage, you may have received either a ten-year green card or a two-year conditional green card. Many applicants are surprised by the two-year validity period, but this distinction is based entirely on the length of the marriage at the time the green card was approved. When a marriage is less than two years old at the time of approval, U.S. Citizenship and Immigration Services (USCIS) issues a conditional green card. The purpose of this conditional status is to give the government an additional opportunity to confirm that the marriage is genuine and was not entered into solely for immigration purposes. If the marriage is already two years old or more at the time of approval, USCIS issues a standard ten-year green card, and no condition removal filing is required.

 

Although conditional permanent residents have the same rights as other green card holders, the two-year card expires, making it necessary to file Form I-751, Petition to Remove Conditions on Residence, to remain in lawful permanent resident status. The I-751 must generally be filed during the 90-day period immediately before the conditional green card expires. Filing late or failing to file can result in the loss of permanent resident status and possible removal proceedings, which is why this step is so important.

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Type 1: Joint Filing (Marriage Ongoing)

​The most common way to remove conditions is through joint filing, where both spouses file Form I-751 together. In joint filing cases, USCIS focuses on whether the marriage was entered into in good faith and has continued as a real marital relationship since the conditional green card was issued. The government looks for evidence showing that the couple has built a life together, rather than simply reviewing the marriage certificate itself.

 

Evidence in joint filing cases typically includes joint tax returns, bank statements, leases or mortgage documents, utility bills, insurance policies, photographs, and other records showing shared residence and financial commingling. After the petition is filed, USCIS issues a receipt notice that extends the conditional resident’s status while the case is pending. Applicants are usually scheduled for a biometrics appointment, and in some cases, USCIS may also require an interview to further review the relationship and eligibility.​

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Attorney Fee: $1500

✓ Processing Time: 9–24 months.

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees.

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Type 2: Self-Filing with Waiver (Marriage Ended)

In some situations, joint filing is not possible. USCIS allows conditional residents to file Form I-751 with a waiver if certain legal requirements are met. A waiver allows the applicant to file independently without the participation or signature of the U.S. citizen or permanent resident spouse. Waivers may be available when the marriage was entered into in good faith but later ended due to divorce or annulment, when the conditional resident experienced battery or extreme cruelty by the spouse, or when removal from the United States would result in extreme hardship.

 

In waiver cases, USCIS carefully examines both the legitimacy of the original marriage and the specific waiver basis being claimed. Because waiver filings do not include a joint spouse signature, USCIS often reviews these cases more closely. Applicants may need to provide detailed documentation such as divorce decrees, police reports, medical or counseling records, affidavits, and other evidence depending on the waiver category. Interviews are more common in waiver cases, and presenting a clear, well-supported legal narrative is critical.​

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If your marital situation has changed, your divorce is pending, or you are unsure whether you qualify for joint filing or a waiver, speaking with an immigration attorney early can help protect your permanent resident status and guide you through the process with confidence.

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Attorney Fee: $3000

✓ Processing Time: 9–24 months.

✓ Payment plans available in up to three installments, with a 3% processing fee.

✓ Government filing fees are not included in the service fees.​​​​​​​​​​​​​​​​

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Automatic Extension After Filing Condition Removal Application

After Form I-751 is properly filed, USCIS issues a receipt notice confirming that the petition has been received. This receipt notice is extremely important because it automatically extends the conditional resident’s lawful permanent resident status for up to 48 months beyond the expiration date printed on the green card. During this extension period, the applicant remains in valid status and may continue to live and work in the United States. The expired green card, together with the I-751 receipt notice, also serves as valid proof of permanent residence for travel and employment purposes.

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Why Many Applicants Apply for U.S. Citizenship While I-751 Is Pending

Processing times for Form I-751 have increased significantly, and it is common for condition removal cases to remain pending for several years. Because of these delays, many applicants become eligible to apply for U.S. citizenship before their I-751 petition is approved. Filing for naturalization while the I-751 is pending is permitted under U.S. immigration law and can sometimes help move the case forward. USCIS will not approve a naturalization application unless the applicant first qualifies as a lawful permanent resident without conditions. However, USCIS allows applicants to file Form N-400 while Form I-751 is still pending, as long as the applicant otherwise meets the requirements for naturalization. 

 

Eligibility to apply for naturalization depends on the applicant’s specific situation. In marriage-based cases, an applicant may generally apply after three years of permanent residence if they are still married to and living with a U.S. citizen. In cases involving divorce, waiver filings, or other circumstances, naturalization eligibility is usually based on the five-year permanent residence rule. Meeting the time requirement alone is not enough; applicants must also meet physical presence, continuous residence, and good moral character requirements. 

 

When Form I-751 and Form N-400 are both pending, USCIS often schedules a combined interview. At this interview, the officer first reviews the I-751 petition to determine whether the applicant qualifies to remove conditions on residence. This includes reviewing the marriage history and any waiver basis, if applicable. If the I-751 is approved, the officer may then proceed with the naturalization portion of the interview, including the English and civics tests. In some cases, both applications may be approved at the same appointment.

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At Dream Immigration Law, we guide conditional residents through the I-751 process with clarity and care. Whether you are filing jointly or requesting a waiver, we are here to make the process clear, honest, and as stress-free as possible at every stage.