U.S. permanent resident status will be conditional when based on a marriage that was less than two years old when a person is given permanent residence (Green Card). In order to remove the conditions of residence, the couple must prove the marriage is bona-fide, or, legitimate. In fact, this is the most important element when filing and ample evidence must be submitted to prove the legitimacy of the marriage. Examples of evidence that can be submitted as evidence of a legitimate marriage are documents showing joint ownership of property or bank accounts, documents such as a 401K showing a spouse as the beneficiary, joint tax returns, and birth certificates of any children from the marriage. Additionally, you may also file for the removal of conditions if you are a widow or widower of a marriage entered in good faith, your marriage was annulled or you divorced but it can be proved the marriage was entered in good faith, or the marriage was ended due to a spouse or child being subjected to abuse or extreme hardship.
It is extremely important that you file for removal of conditions within the 90-day window before the second anniversary of your marriage. As soon as the 90-day window has passed, the conditional residence status will be terminated and U.S. Citizenship and Immigration Services (USCIS) will begin removal proceedings against you. You will then be given the opportunity to refute the evidence against you at a hearing, that is to say, you will have to show you complied with all requirements. If your form was filed on time but the application to remove the conditions was denied, you will be informed of the reasons why and the process to remove you from the country will begin. An appeal can be made within 30 days of the immigration judge’s decision to remove you. If you need assistance filing Form I-751, Petition to Remove Conditions of Residence, contact us today for a free assessment of your case.
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