If your green card is based on a marriage that was less than two years old when you became a permanent resident, your card is conditional and expires after two years. Form I-751, Petition to Remove Conditions on Residence, asks USCIS to replace it with a 10-year card. Ozek Law Firm prepares joint petitions, waiver petitions after divorce or other difficult circumstances, and responses to USCIS requests, and prepares clients for interviews.
According to USCIS, permanent residence based on marriage is conditional if you had been married for less than two years on the day you obtained permanent resident status, whether you were admitted on an immigrant visa or adjusted status in the United States. The conditional card is valid for two years. Your status stays conditional until USCIS approves Form I-751.
Children who received conditional residence at the same time as the parent, or within 90 days, can be included in the parent’s petition. A child who received status more than 90 days later files a separate I-751.
If you file jointly with your spouse, you must file during the 90-day period immediately before your card expires. USCIS may reject a joint petition filed before the window opens. Our I-751 filing window calculator shows the first day you can file based on the expiration date on your card.
If you request a waiver of the joint filing requirement, you may file at any time before your conditional status expires, and even after that, until a final order of removal is issued.
Most couples file together. You may file without your spouse, by requesting a waiver, in these situations described by USCIS:
You may ask USCIS to consider more than one waiver ground. If you are separated or your divorce is pending, USCIS explains that it will issue a request for evidence asking for the final divorce or annulment decree; a joint petition can then be treated as a waiver request if the final decree is submitted within the response period. Timing and strategy matter here, so talk to an attorney before filing.
The core question is whether the marriage was entered in good faith and not to get around the immigration laws. USCIS asks for as many documents as you can provide, covering the relationship from the date of marriage to the present (or to the date the marriage ended). Useful evidence often includes:
Include copies of the front and back of the green card for you and any children on the petition, certified English translations of foreign-language documents, and certified dispositions of any arrests, charges or convictions.
When USCIS accepts a properly filed I-751, it sends a receipt notice. Under current USCIS guidance, that notice extends your conditional resident status and work authorization for 48 months beyond the expiration date on your card; check the wording on your own notice. Keep the notice with your card, because together they are your evidence of status while the petition is pending.
USCIS may ask you to appear for biometrics and may require an interview. If an interview is needed, USCIS mails an appointment notice. We prepare both spouses, or the petitioning spouse alone in a waiver case, for the questions officers ask and review the evidence with you beforehand. USCIS may also send a request for evidence; see our page on responding to an RFE or NOID.
When USCIS moved to the 48-month extension in January 2023, it explained that presenting the receipt notice with the expired green card allows you to work and travel during the extension period. If you plan to be outside the United States for a year or more, apply for a reentry permit on Form I-131 before leaving. Our green card travel checker helps you think through longer trips.
If you do not properly file within the 90-day window, your conditional status ends automatically. USCIS explains that it will send a notice and may begin removal proceedings. A late petition must include a written explanation, and USCIS decides whether you had good cause for the delay. If you have missed the window, act quickly and do not assume the case is lost.
USCIS mails a decision explaining the reasons, and it may issue a Notice to Appear. You can ask the immigration judge to review the I-751 denial in removal proceedings, where the government must show that the denial was proper. We represent clients in that review as well.
Fees depend on the scope of work, so we quote them at your consultation.
Ozek Law Firm attorneys are admitted in Maryland, New York and the District of Columbia. California matters are handled with California-licensed co-counsel. Immigration law is federal, so we represent immigration clients across the U.S. and worldwide. We work with applicants in Türkiye and many other countries by video, with consultations in English, Turkish, Spanish and Swedish.
Tolga Ozek founded Ozek Law Firm and has spent more than 13 years guiding individuals, families, investors and companies through U.S. immigration and business law, in English and Turkish. He is admitted in Washington, D.C., Maryland and New York.
During the 90-day period immediately before your conditional green card expires. A joint petition filed earlier may be rejected. Our I-751 filing window calculator shows the first date you can file.
Yes, by requesting a waiver of the joint filing requirement. You must show that you entered the marriage in good faith, and you can file at any time before your status expires, or later until a final removal order is issued.
According to USCIS, if you are separated or in pending divorce proceedings, USCIS will issue a request for evidence asking for the final decree. If you filed jointly and submit the final decree within the response period, the petition can be treated as a waiver request.
Under current USCIS guidance, a properly filed I-751 receipt notice extends conditional resident status and work authorization for 48 months beyond the expiration date on your card. Always check the exact wording of your own notice.
Yes. USCIS has explained that the receipt notice together with your expired card allows you to travel during the extension period. For trips of a year or more, apply for a reentry permit before you leave.
Possibly. USCIS may require an interview to confirm eligibility and will mail an appointment notice if one is needed. Prepare as if an interview could be scheduled.
Your conditional status ends automatically and USCIS may start removal proceedings. You can still file with a written explanation of the delay, and USCIS decides whether you had good cause. Contact an attorney as soon as possible.
Yes, if they received conditional residence at the same time as you or within 90 days of you. A child who received status more than 90 days later must file a separate petition.
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