Conditional permanent residence

If a person is the spouse of a U.S. citizen or a permanent resident and the marriage occurred less than two years before the alien spouse is admitted as a U.S. permanent resident, the permanent residence status is conditional. The alien spouse is given conditional resident status on the day he is lawfully admitted to the United States on an immigrant visa, or receives adjustment of status were he to stay in the U.S.

Removal of Conditions on Permanent Residence

The immigration laws presume that this marriage was entered into solely for the purposes of immigration and the petitioning resident and the conditional resident must prove that they did not get married to evade the immigration laws of the U.S.

1. A U.S. citizen or a permanent resident and his spouse must apply together to remove the conditions on the spouse's residence. They should apply during the 90 days before the second anniversary as a conditional resident. Usually, the expiration date on the alien spouse's green card is also the date of his second anniversary as a conditional resident. If they do not apply to remove the conditions in time, the alien spouse could lose his conditional resident status and be removed from the U.S.
2. If the conditional resident has been battered or abused by his U.S. citizen or permanent resident spouse, the alien may apply to remove the conditions on his permanent residency at any time after he becomes a conditional resident, but before he is removed from the U.S.
3. If the marriage becomes not viable, that is, the couple is separated or no longer shares a household, the petition to remove the conditions of residence shall not be denied provided that the conditional resident can show that the marriage was entered into in good faith and with a genuine desire for a marital relationship, and not solely for immigration purposes.
4. If the couple is divorced, the alien may also apply to remove the conditions on his permanent residence at any time after he becomes a conditional resident, but before he is removed from the U.S.
5. If the alien spouse's child received conditional resident status within 90 days after the alien spouse did, then the child may be included in the alien's application to remove the conditions on permanent residence. However, the child must file a separate application if the child received conditional resident status more than 90 days after the alien spouse did.

For more information about Marriage and Immigration, please click the following links:
Introduction
Definitions
Valid Marriage
Unacceptable Marriages in Immigration Law
Existence of Marriage
Marriage Must Not Have Been Entered Into for Immigration Purpose
Immigration Petition for Alien Spouse of a U.S. Citizen of Permanent Resident
Conditional Permanent Residence Status Based on Marriage and Its Removal
Procedures to Remove the Conditions on Permanent Residence
Non-Viable Marriage at I-485 Adjustment of Status
An Alien's Marriage to Another Alien Whose I- 485 Adjustment of Status is Not Approved yet
Marriage in the U.S. Between Parties Both with Non-Immigration Status
A Suspect Marriage and Investigation by USCIS