Removing Conditions On Permanent Residence Based On Marriage
When you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status. They will list the requirements for removal of the conditions.
The USCIS only sends one reminder to conditional residents. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the conditions. Failure to file may result in loss of your resident status.
Do I Need to Be Physically Present in the United States at the Time of Filing?
The Petition to Remove the Conditions on Residence can be filed whether you are physically in the United States at the time that you file or not. However you must return to the United States with your spouse and children in order to comply with the interview requirement.
Is a Personal Interview of the Joint Petitioners Required?
You and your spouse must appear for a personal interview at the district office that serves that area where you live. The regional director will review the petition to determine whether an interview is required. If the director is satisfied with the written petition that your marriage was not entered into in order to obtain immigration benefits, he may waive the interview requirement and approve the petition. If the director is not satisfied with the validity of your marriage, he will forward the petition to the district office to conduct an interview.
How Can I Get a Waiver of the Requirement to File a Joint Petition?
If you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. If the waiver is approved the conditions on your conditional residence will be removed.
You may request a waiver of the joint petitioning requirements if:
– Your deportation or removal would result in extreme hardship
– You entered into your marriage in good faith, and not to evade immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition.
– You entered into your marriage in good faith, and not to evade immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by your U.S. citizen of lawful permanent resident spouse, and you were not at fault in failing to file a joint petition.