A conditional green card is valid for only two years and is typically issued when your marriage is less than two years old at the time of approval. To keep your permanent resident status, you must file to remove the conditions within the 90-day period before your card expires.
To remove these conditions, Form I-751 is used for marriage-based conditional green cards, while Form I-829 applies to entrepreneurs who received their green card through investment.
Unlike a standard 10-year green card, a conditional card cannot simply be renewed. Instead, you must petition to remove the conditions before the expiration date to maintain your lawful permanent resident status.
If you need assistance filing or understanding the removal process, speak with immigration attorneys at Green Card Link today for guidance on keeping your residency secure.
Green Card Approval Statistics
According to a 2025 analysis, the approval rate for removal of condition cases is nearly 100%, with very few denials. Most couples have already proven that their marriage is bona fide and legitimate during the initial green card process. As a result, the removal process mainly focuses on showing that the marriage continues to be genuine.
What Is a Conditional Green Card?
A conditional green card serves as proof of your lawful permanent resident status for a two-year period. These cards are commonly issued when your marriage is under two years old or when entrepreneurs gain residency through the EB-5 immigrant investor program.
Why Conditional Green Cards Are Issued
Conditional green cards were created to prevent fraudulent marriages and false investment claims.
In marriage-based cases, the U.S. government issues a conditional card to ensure that the relationship is authentic before granting full permanent residency.
Similarly, EB-5 investors receive a two-year conditional green card to verify that their business investment and job creation are genuine before being granted unconditional permanent residence.
Important Tip from Green Card Link
It’s crucial to keep your conditional green card valid at all times. Failing to remove conditions before expiration can jeopardize your ability to live, work, and travel in the United States.
Remember, removing conditions is not the same as renewing your green card. Instead, once your conditions are successfully removed, USCIS issues you a new 10-year green card. This process is entirely different from a standard renewal and requires a specific petition and evidence.
How to Remove Conditions on a Green Card After Two Years
If you hold a conditional green card, you must file a petition with USCIS during the 90-day window before your card expires. Below are the required steps:
Step 1: Complete Form I-751
Submit Form I-751, Petition to Remove Conditions on Residence, jointly with your sponsoring spouse. This form officially requests that USCIS lift the conditions from your status.
Step 2: Gather Supporting Documents
You’ll need to provide evidence that your marriage is genuine and ongoing, such as:
- Proof of joint residence or property ownership
- Joint financial records (bank accounts, tax returns, insurance policies)
- Marriage certificate and photos together
- Travel records and affidavits from friends or family confirming your relationship
Step 3: Submit the Petition and Pay the Filing Fee
Once your petition is ready, pay the USCIS filing fee of $750. Payments can be made via check, money order, or by using Form G-1450 to authorize a credit or debit card transaction.
Ensure your petition is mailed to the correct USCIS address based on your state of residence.
Required Documents to Remove Conditions
When applying to remove conditions and obtain your 10-year green card, you’ll typically need:
- Form I-751 (for marriage-based conditional green cards)
- A copy of your current green card (front and back)
- Proof of joint residence (lease or mortgage contracts)
- Financial documents showing shared assets or liabilities, such as:
- Joint checking/savings accounts with transaction history
- Jointly filed federal and state tax returns
- Shared insurance policies naming each other as beneficiaries
- Utility bills or loan documents in both names
- Affidavits from at least two individuals with personal knowledge of your marriage and relationship
If you are no longer married due to divorce, death, or domestic abuse, you may be eligible to waive the joint filing requirement. In these cases, it’s strongly recommended to consult with an immigration attorney at Green Card Link for personalized legal guidance.
For Entrepreneurs: Form I-829
If your conditional green card was obtained through an EB-5 investment, you’ll need to file Form I-829, Petition by Entrepreneur to Remove Conditions.
This petition requires proof that you have:
- Maintained your investment in a U.S. business,
- Created the required number of jobs, and
- Sustained legitimate business operations during the conditional period.
How to Prove That Your Marriage Is Genuine for a Green Card
When applying to remove conditions from a marriage-based green card, it’s essential to prove that your marriage is bona fide—that it was entered into out of genuine commitment, not for immigration benefits. At Green Card Link, its immigration attorneys help couples gather and present convincing documentation to establish the authenticity of their marriage before USCIS.
Evidence That Strengthens Your Case
1. Children Together
While not mandatory, having children can support the legitimacy of your marriage. Be sure to include copies of birth certificates as evidence.
2. Joint Property Ownership
Submit copies of deeds, mortgage statements, property tax bills, or joint lease agreements. If you share ownership of a car, include the vehicle title. Such documentation demonstrates shared financial and residential ties.
3. Shared Finances
Married couples typically combine their finances. Provide joint bank account statements, shared credit card statements, tax returns, insurance policies, and loan agreements. These records show your financial interdependence.
4. Photos and Memories
Include photos from your wedding, engagement, vacations, family events, or celebrations. Visual proof of shared experiences helps demonstrate an ongoing, genuine relationship.
5. Travel and Activities
Provide travel itineraries, hotel receipts, and photos from trips or outings you’ve taken together. These documents illustrate an authentic partnership over time.
💔 What If You’re No Longer Married?
If your marriage ends before your two-year conditional period expires, your green card may still be eligible for removal of conditions. You must show that the marriage began in good faith—not as an attempt to bypass U.S. immigration laws.
Even if your divorce is still pending, you can file to remove conditions. USCIS will issue a Request for Evidence (RFE) for the divorce decree, after which you may qualify for a waiver that allows you to proceed independently.
You May Qualify for a Waiver If:
- Your spouse passed away, but your marriage was entered in good faith.
- The marriage ended in divorce or annulment, but was genuine.
- You or your child suffered abuse from your spouse, and the marriage was bona fide.
- Termination of your status would cause extreme hardship to you or your qualifying relatives.
As a conditional resident, you typically file Form I-751 jointly with your spouse. However, if your spouse is unwilling or unable to file with you, a qualified immigration attorney at Green Card Link can help you determine eligibility for a waiver and guide you through the process.
⏰ What Happens If You Don’t File on Time?
You must file to remove conditions within the 90-day window before your green card expires. Failing to file on time may result in the loss of your lawful permanent resident status, leaving you “out of status,” which could lead to deportation or re-entry bars.
In limited cases, late filings are accepted if you provide a strong explanation—something the immigration attorneys at Green Card Link can assist you with.
📄 I-751 Petition to Remove Conditions: Processing Timeline
According to USCIS data, the average I-751 processing time is around 21 months.
After submission, you should receive:
- A Form I-797 Notice of Receipt within about six weeks.
- Automatic 48-month extension of your conditional green card, allowing you to work and travel while your case is pending.
- A possible USCIS interview, though this is often waived when strong evidence of a bona fide marriage is provided.
If approved, USCIS will issue a 10-year green card. If denied, they will send a written explanation for the decision.
🦅 When You Can Apply for U.S. Citizenship
Once you’ve been a green card holder for three years (including one year after your removal of conditions petition was filed), you may be eligible for U.S. citizenship—if:
- You’re still married and living with your U.S. citizen spouse.
- You meet all other naturalization requirements.
📬 How to Respond to a USCIS RFE (Request for Evidence)
Receiving an RFE means USCIS needs more proof—often due to missing or inconsistent evidence. For example, if your divorce was pending when you filed, they may request the final decree.
You must respond within the designated timeframe to avoid denial. Because RFEs are time-sensitive, immigration attorneys at Green Card Link recommend contacting a qualified professional immediately for review and response preparation.
💰 I-751 Removal of Conditions Fees
USCIS filing fees include:
- I-751 filing fee: $750
- I-829 filing fee: $9,525 (for EB-5 investors only)
🔁 Green Card Renewal vs. Removing Conditions
A 10-year permanent green card uses Form I-90 (“Application to Replace Permanent Resident Card”). This form is used for renewals or replacements due to loss, theft, or incorrect information.
By contrast, a 2-year conditional green card cannot be renewed—you must remove the conditions through Form I-751 with supporting evidence.
❓ Frequently Asked Questions (FAQs)
Can I renew my conditional green card?
No. Instead, you must file to remove conditions on your two-year card. Once approved, you’ll receive a 10-year green card, renewable indefinitely, or you may apply for U.S. citizenship.
What happens if I miss the filing deadline?
Your lawful status may be terminated. However, a knowledgeable immigration attorney at Green Card Link can help you file late with a reasonable explanation.
Can I still remove conditions if I’m divorcing?
Yes. You can proceed independently by filing a divorce waiver and proving the marriage was entered into in good faith.
Who files the petition?
The immigrant spouse files Form I-751 jointly with their sponsoring U.S. citizen or permanent resident spouse.
What if I fail the immigration marriage interview?
A failed interview may result in petition denial, making professional preparation crucial.
⚖️ How Green Card Link Can Help
At Green Card Link, its immigration attorneys provide in-depth consultations to evaluate your unique situation, prepare compelling evidence, and guide you through every step of the process. Whether you need help removing conditions, responding to an RFE, or preparing a waiver, we’ll help you protect your status and move closer to permanent residency.
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