The Conditional Residence is granted to foreign spouses admitted to the U.S. with an Immigrant visa or via adjustment of status and married with an U.S. Citizen or Lawful Permanent Resident (LPR) for less than two years on the date of the green card approval.

The conditional residence, which is valid for a period of two (2) years, must be removed within ninety (90) days prior to the expiration date of the green card.

One applying for Removal of Condition must prove the following:

• Still married with the U.S. Citizen or LPR
• Reside and share life together as a married couple
• The applicant has not been convicted to any crime or felony during the two years of Conditional Residence

Should the foreign national be separated after initiating the procedure with his or her U.S. citizen spouse, he or she must finalize a divorce prior to a decision being rendered on the case. If the procedure has not yet been initiated with the U.S. citizen spouse, then it is recommended that the divorce be finalized prior to filing the I-751 form. Once the foreign person is divorced, he or she will be able to file the same application on his or her own.

There are several other ways to remove the conditions on the temporary green card even of the U.S. citizen spouse is no longer willing to support the procedure. if the foreign national has been subject to extreme cruelty for example, or if the denial of the removal of conditions would result in extreme hardship to the foreign national, or if the U.S. spouse is now deceased. These are all ground to filing for a waiver of the joint filing.

We recommend you contact our law firm to find out about the options that may be available to you. Both our immigration attorneys, Suzanne E. Vazquez and Maud Poudat, are board certified as experts in Immigration and Nationality Law by the Florida Bar. Call us today at 407.674.6968 or fill out the online form located on this page and we will get in touch with you shortly.

U.S. Immigration differentiates Immediate Relatives and Other relatives: Immediate Relatives are spouses and children under 21 of a U.S. Citizen as well as parents of U.S. citizens.

For the foreign nationals who fall into this category, immigrant visas are not limited in numbers and are immediately available. Therefore, if the foreign national is present in the U.S., he or she may be eligible to file for adjustment of status concurrently with the relative petition. See immigration through marriage.

Preference Category System For Other Relatives

For the other relatives of U.S. Citizens and relatives of LPR, the Department of State relies on a Preference Category System that determines whether a visa is available for the considered relative. This Preference Category System functions by priority date, i.e. the date that the Petition is filed on behalf of the family member. The Department of State visa bulletin, published on a monthly basis, allocates immigrant visas by priority date and according to each preference category.

The preference categories are:

• F1- First preference category: sons and daughters of U.S. citizens
• F2A- Second preference category subclass A: children and spouses of Legal Permanent Residents
• F2B- Second preference category subclass B: sons and daughters of Legal Permanent Residents
• F3- Third preference category: married sons and daughters of U.S. citizens
• F4- Fourth preference category: brothers and sisters of United States citizens

The waiting times for those visas changes each month. Please refer to one of our Board Certified Immigration Attorneys to get more information about the waiting time of your category.

If you are a US Citizen and are married to a non-US Citizen, you are entitled to petition on behalf of your spouse in order to get him/her an Immigrant Visa, which will lead to the Green Card. But once the petition is approved, you will have to demonstrate that you meet the US poverty guidelines, i.e. you have enough money to support him/her, and that you maintained a domicile in the US. For the revenue requirement, if you have not been working in the US, nor have properties in the country, you can use your assets abroad to demonstrate that you meet the poverty guidelines. But you will have to provide evidence of the source/legitimacy of those possessions and that you will (or already have) transfer the funds to the US.

Concerning the proof that you maintained a domicile in the US, you can fulfill this requirement by providing current US Bank account statements, tax returns, driver’s license, evidence of participation to elections.

If you didn’t maintain such ties with the US while you were living abroad, you will have to get a job offer, or even better secure employment and domicile in the US before filing for your spouse, in order to provide evidence of employment and current residence for at least three months before you file.

Of course, each case has to be assessed individually, and we strongly recommend that you seek advice from a Board Certified Immigration attorney in order to get appropriate guidance for your case!

U.S. Citizens and Lawful Permanent Residents (LPR) can petition for their spouse to obtain permanent residency, i.e. a Green Card. However, the Family Immigration process will take longer if the spouse petitioning is a LPR due to visa availability (see immigration through a relative).

Three distinct processes can be used depending on the circumstances:

• The K-3 nonimmigrant visa is temporary and allows the foreign national to enter the U.S, to then subsequently allow him or her to apply for a Green Card once on American soil.
• The IR-1/CR-1 Immigrant Visa is the equivalent of a Green Card and is given by the U.S. Consulate abroad to the foreign national.
• The foreign spouse can apply for the green card in the United States through adjustment of status.
• A foreign spouse victim of abuse can also benefit from permanent residence whether the petitioning spouse is a United States citizen or permanent resident, subject to visa availability.
• Family reunification can also take place for asylee relatives if petitioned for within two years of asylum grant.