Conditional Green Card vs. Permanent Green Card: What You Need to Know
Getting married to a U.S. citizen or lawful permanent resident is an important step toward obtaining a green card. However, marriage alone does not automatically grant you full permanent residency. If your marriage is less than two years old at the time your green card is approved, you will be issued a conditional green card. This document allows you to live and work in the United States, but it is only valid for a limited period of two years. To maintain your lawful status, you must later file a petition to remove these conditions and transition to a permanent green card.
At Green Card Link, its immigration attorneys are dedicated to helping couples navigate the marriage-based green card process with confidence and ease.
What is a Conditional Green Card?
A conditional green card (CR1) is valid for two years and is issued to spouses of U.S. citizens or permanent residents if the marriage is less than two years old at the time of approval. Unlike a permanent resident card, a conditional card cannot be renewed. To continue your lawful status, you must file a petition to remove conditions within the 90-day window before your card expires.
Part of this process involves proving to U.S. Citizenship and Immigration Services (USCIS) that your marriage is genuine and not entered into solely for immigration benefits.
Petition to Remove Conditions: Form I-751
As your conditional green card nears expiration, you must file Form I-751, Petition to Remove Conditions on Residence. In most cases, this is a joint petition signed by both you and your spouse. However, exceptions exist for individuals who have divorced, suffered abuse, or faced other qualifying circumstances.
When to File Form I-751
You should file within the 90 days before your conditional green card expires. Along with the form, you must submit strong evidence of a good faith marriage, such as:
- Joint bank accounts or tax returns
- Lease agreements or mortgage documents
- Birth certificates of children from the marriage
- Photos together, family trips, or celebrations
- Joint insurance policies
- Sworn affidavits from friends or family
If you have dependent children who received conditional residency at the same time as you (or within 90 days), you may include them in your petition so their conditions are removed as well.
An immigration attorney at Green Card Link can guide you through which documents best support your petition and ensure your package is complete.
Filing Without Your Spouse
You may still file Form I-751 without your spouse if any of the following apply:
- Your marriage was genuine, but your spouse has passed away.
- Your marriage was genuine, but it ended in divorce or annulment.
- You experienced abuse or extreme cruelty by your spouse.
- You are the child of a conditional resident parent who suffered abuse.
- Losing your residency would cause extreme hardship.
In these cases, you can request a waiver of the joint filing requirement. Even if filing individually, it’s crucial to provide detailed documentation to prove your eligibility. Immigration attorneys at Green Card Link are experienced in preparing strong waiver petitions.
Fees for Form I-751
When filing, you must include:
- Filing fee: $595
- Biometric fee: $85 (per applicant, including dependent children)
These fees cover USCIS’s processing and biometric services. Each conditional resident must attend a biometric appointment, where fingerprints, photographs, and signatures are collected.
What to Bring to Your Biometrics Appointment
At your scheduled appointment, you will need to present:
- Government-issued photo ID (such as a driver’s license or passport)
- Your appointment notice from USCIS
It is critical not to miss this appointment. If you must reschedule, you must call USCIS before the scheduled date. Missing your biometrics without proper rescheduling may cause your petition to be denied.
Proving a Good Faith Marriage
To remove conditions successfully, you must prove that your marriage is real and ongoing. Commonly accepted documents include:
- Joint financial records (bank accounts, tax returns, credit cards)
- Housing contracts (mortgages, leases, utility bills)
- Insurance policies listing your spouse as a beneficiary
- Birth certificates of children from the marriage
- Photographs together and with family
- Affidavits from friends and relatives familiar with your relationship
The more detailed and organized your evidence, the stronger your case will be. At Green Card Link, immigration attorneys help you compile persuasive evidence tailored to your unique situation.
Get Professional Help With Your Marriage-Based Green Card
The process of transitioning from a conditional to a permanent green card can be complex, and mistakes may cause unnecessary delays or denials. By working with immigration attorneys at Green Card Link, you can ensure your petition is properly prepared and supported with strong evidence.
Start your journey today and secure peace of mind knowing your case is in experienced hands.
Filing Form I-751: Petition to Remove Conditions
Filing Form I-751: Petition to Remove Conditions
When your conditional green card is nearing expiration, you must file Form I-751, Petition to Remove Conditions. This is a critical step toward obtaining a permanent 10-year green card.
6–8 weeks after filing, you will receive Form I-797C, Notice of Action from USCIS. This receipt confirms that your petition has been accepted and is being processed. Always keep a copy of this letter with you, along with your expired conditional green card, as proof of your lawful status. The original notice should be stored safely in a secure location.
Soon after, USCIS will mail you a notice regarding your biometrics appointment at a local USCIS office. During this appointment, your fingerprints, signature, and photograph will be taken, and a background check will be conducted. This information is used to create your new permanent resident card.
In most cases, you and your spouse will need to attend an interview with a USCIS officer. Sometimes this step may be waived. Once your case is reviewed and approved, you will receive an official approval notice, followed by your 10-year permanent green card in the mail.
Processing times vary based on the USCIS workload, the local office handling your case, and the accuracy of your petition package. Missing documents, errors, or a Request for Evidence (RFE) can cause significant delays. To avoid these issues, it is strongly advised to work with an experienced immigration attorney at Green Card Link.
Frequently Asked Questions About Conditional Green Cards
Can I still work if my conditional green card has expired?
Yes. If you filed Form I-751 before your conditional green card expired, your status is automatically extended for 24 months. Your USCIS receipt notice will clearly state: “Your conditional permanent resident status is extended for 24 months from the expiration date on your Form I-551, Permanent Resident Card (Green Card).” During this period, you remain authorized to live, work, and travel internationally.
Do I need to file a separate extension for the 24 months?
No. Once you file Form I-751, the 24-month extension is granted automatically.
What documents should I carry as proof of status?
Carry your expired conditional green card along with the receipt notice (Form I-797C), which arrives 6–8 weeks after filing. Together, these serve as valid proof of your lawful permanent resident status.
What if my conditional green card expired and I did not file Form I-751?
Failing to file Form I-751 can jeopardize your immigration status. If this applies to you, it is critical that you seek immediate help from an immigration attorney at Green Card Link to explore your legal options and protect your ability to remain in the United States.
Do conditional green card holders have the same rights as permanent residents?
Yes. Conditional green card holders enjoy the same rights and privileges as permanent residents, with the exception that their card is valid for only two years. They must remove the conditions to obtain a permanent green card.
Do 10-year green card holders need to file Form I-751?
No. Only 2-year conditional green card holders are required to file Form I-751.
What does “IR1” on my green card mean?
“IR1” indicates that you are classified as an immediate relative of a U.S. citizen.
Does conditional resident time count toward U.S. citizenship?
Yes. Your time as a conditional resident counts toward the required residency period for naturalization.
What is a CR6 green card?
“CR6” is a code that identifies you as holding a conditional green card.
Is an interview required for removing conditions?
If you and your spouse file jointly, USCIS may waive the interview. However, interviews are more likely if you apply for a waiver of the joint filing requirement, such as in cases of divorce.
How long does it take to get a permanent green card from a conditional one?
Once Form I-751 is filed, USCIS processing typically takes 12–18 months. Timelines depend heavily on the accuracy and completeness of your submission. Working with immigration attorneys at Green Card Link ensures that your petition is properly filed to avoid unnecessary delays.
What is the difference between a conditional and permanent green card?
- Conditional Green Card: Valid for 2 years.
- Permanent Green Card: Valid for 10 years.
Can I cancel my spouse’s conditional green card?
Yes, but the process depends on the stage of the petition:
- If Form I-130 or I-485 has not been approved, the sponsor may submit a withdrawal request to USCIS with tracking details.
- If the green card has been approved but not yet issued, you must provide a reason for requesting the withdrawal.
- If the card has already been issued and status granted, you must prove fraudulent activity to cancel it.
Who receives a 2-year conditional green card?
Foreign nationals who have been married to a U.S. citizen for less than two years at the time of green card approval receive a conditional green card.
Do EB-5 investors receive conditional green cards?
Yes. EB-5 investors also receive 2-year conditional green cards before becoming eligible for permanent residency. Learn more about EB-5 investor green cards with the help of Green Card Link.
How Green Card Link Can Help You
If your conditional green card is about to expire or you are preparing to transition to a 10-year permanent green card, Green Card Link can guide you every step of the way. Our experienced immigration attorneys will review your case, ensure your petition is complete, and prepare you for the process ahead—minimizing delays and maximizing your chances of success.
Start your green card journey today with trusted immigration attorneys at Green Card Link.