Contrary to popular myth, immigrants who marry U.S. citizens do not become green card holders right away, or automatically. In fact, the first green card that they receive is, in some cases, not the same as other green cards. It has a two-year expiration date. This is the case for immigrants whose marriages to the U.S. citizen had not yet reached their second anniversary at the time they were approved for U.S. residence or entered the U.S. on an immigrant visa. It is very important for conditional residents to understand that if they don't take action before the two-year expiration date of their green card, and apply to have the "conditions" removed and become permanent residents, they will lose their rights to a green card or to remain in the United States.
Why immigrants in new marriages must go through a two-year testing period.
If you are a U.S. green card holder interested in applying for U.S. citizenship (naturalization), but your first two years of U.S. residence are or were “conditional” rather than “permanent,” how does that affect the waiting period before you apply to naturalize? By way of background: In ordinary
It's not as simple as switching from one spouse to the next with regard to marriage-based permanent residence applications!
Timing and overview of the process of going from conditional to permanent residence.
Dealing with the period between filing the I-751 and awaiting a USCIS decision.
How to document your good faith marriage in order to request that your two-year, conditional green card be turned into a permanent one.
If you have a good reason for filing late, or qualify for a waiver, it will likely be worth submitting Form I-751 even after the deadline.
Navigating the joint petition on Form I-751, for marriage-based green card applicants who received two-year conditional approval.
Waivers are available for conditional residents seeking permanent residence without their spouse's cooperation.
Possibilities for going from conditional to permanent U.S. residence despite a divorce from your U.S. citizen petitioner.
Guidance for conditional residents whose marriage ended before the two-year expiration date on their green card.
If you are a conditional resident and a victim of domestic violence, this waiver may help you.
No need to wait until the two years are ending -- widows and widowers can submit their I-751 for permanent residence immediately after the death of a spouse.
Actual physical harm is not required in order for a conditional resident to claim a waiver of the joint filing requirement on USCIS Form I-751.
Strategies for dealing with problems that arise for an immigrant in divorce proceedings who is still a conditional resident, and who still faces the challenge of applying for permanent residence.
If, during your marriage, your U.S. spouse physically or emotionally abused you or your child, you will be allowed to file Form I-751 alone, and without waiting for the 90-day window before your conditional resident status expires.
This comprehensive guide contains detailed information on filling out and submitting Form I-751.
Sidestep the lawyers with do-it-yourself books, documents, and software.
Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.
Click below to view more legal issues. Our extensive collection of legal topics ranges across different areas of practice.
Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.
Learn more about the team that manages Nolo’s articles, books, and DIY tools.
Find an experienced, local attorney in three easy steps. Our process is designed for ease and simplicity.
Briefly tell us about your case, and provide your contact information.
We find and instantly list attorneys that can best handle your case.
Choose the attorneys you would like to work with.
At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.
Grow your firm with Martindale-Nolo, the largest legal network, and learn more about our attorney lead-generation and marketing services.
At Nolo, we prioritize quality and transparency because we know how important reliable legal information is to our readers. Our information is meticulously researched, regularly updated, and written in plain English by our experienced writers and editors. Learn more about our editorial standards.