When a foreign individual gets married to a United States citizen, they may be eligible for a green card which grants them lawful permanent resident status. However, depending on the details of the marriage and relationship, spouses may instead receive conditional permanent resident status. This status comes with specific requirements and conditions that must be met before the individual can receive full permanent residency. If you have questions or concerns related to your status, enlist the help of an experienced green card immigration lawyer in NYC.
What is Conditional Permanent Resident Status for Spouses?
Conditional permanent resident (CPR) status is a temporary form of lawful permanent residency that is often granted to foreign spouses of U.S. citizens or permanent residents. If you and your spouse were married for less than two years at the time that your green card was approved, your status would be considered conditional, meaning that it is only valid for two years and is accompanied by terms that must be adhered to.
The purpose of conditional permanent resident status is to ensure that the marriage is genuine and was entered into in good faith. Because two years is not that long to have been married, the relationship is not yet considered permanent enough to warrant full permanent residence for the foreign spouse. Some individuals get married for the sole purpose of obtaining a green card or immigration benefits, known as a “green card marriage.” This is illegal and considered fraudulent. CPR status is issued as a way to prevent full residence from being given to an individual guilty of marriage fraud.
It is important to keep in mind that you can also obtain conditional permanent residency if your parent marries a U.S. citizen or permanent resident.
How Can You Remove Conditions on Permanent Residence?
At the end of the two-year validity period, you can apply to remove the conditions of your permanent residence. You are considered eligible to apply to remove the conditions if you (or your parent) are still married to the same U.S. citizen or lawful permanent resident and the marriage is determined to be in good faith.
To remove the conditions you must file Form I-751, the Petition to Remove Conditions on Residence. This form must be completed and submitted during the 90-day window before your CPR status expires otherwise your application could be returned to you or denied. Form I-751 is a joint petition so both you and your spouse must complete it together.
You must also provide additional evidence proving that your marriage is real and genuine like new photos together, joint financial statements and bank accounts, evidence of shared children, etc. There is also a filing fee of $750 that must be submitted along with your application.
The process can be complex so it is important that you fully understand your rights and responsibilities when attempting to secure lawful permanent residency. Consult with a skilled immigration lawyer for more information and representation.
