How to Remove Conditions on Green Card Through Marriage

How to Remove Conditions on Green Card Through Marriage

If your Green Card is valid for only two years, you’ll need to know how to remove conditions on Green Card through marriage to gain permanent residency. This step is crucial—and time-sensitive.

The process can feel overwhelming, especially if your situation has changed. You may be going through a separation, a divorce, or simply unsure where to begin. And you’re not alone.

According to the Department of Homeland Security, over 200,000 people each year receive a conditional Green Card through marriage. Yet many risk losing their legal status by missing deadlines or filing incorrectly.

The good news? More than 85% of applications are approved—when submitted properly and supported by strong evidence.

So if you’re preparing to take this next step, the team at Moumita Rahman—Immigration Attorneys is here to guide you through it. In this article, we explain exactly how to protect your immigration status and move forward with confidence.

What Is Conditional Permanent Residence Through Marriage?

When you marry a U.S. citizen or lawful permanent resident, you may be eligible to apply for a Green Card through marriage. 

But if the marriage is less than two years old at the time your application is approved, USCIS (U.S. Citizenship and Immigration Services) will not grant you a permanent Green Card right away.

Instead, you’ll receive a conditional Green Card valid for two years.

This rule was established by Congress in 1986 through the Immigration Marriage Fraud Amendments (IMFA), which aimed to prevent fraudulent marriages entered solely for immigration benefits.

During those two years, you must prove that your marriage is real and not just for immigration purposes.

As the expiration date of your conditional Green Card approaches, you’ll need to remove conditions on Green Card by filing Form I-751, also known as the form to remove conditions on Green Card, with USCIS.

If you miss this deadline or your petition is denied, you could lose your legal status and even face removal proceedings.

That’s why it’s essential to understand the process and act within the required timeframe.

When and How to Remove Conditions on Green Card Through Marriage

To convert your conditional Green Card into a permanent one (valid for 10 years), you’ll need to submit Form I-751, officially called the Petition to Remove Conditions on Residence.

But when should you submit the form to remove conditions on Green Card?

You must file it within the 90-day window before your conditional Green Card expires.

For example, if your Green Card expires on December 1, you should submit your application between September 2 and December 1.

Important: Filing outside this window can put your legal status at risk and may lead to removal proceedings.

If you’ve already missed the deadline, speak with an immigration attorney as soon as possible.

How Do You Submit the Form I-751 to Remove Conditions on Green Card?

It depends on your situation:

  • If you’re still married to the same person you initially applied with, you’ll file Form I-751 together as a couple.
  • If you’re divorced, widowed, or have experienced abuse, you may qualify for a waiver and file on your own.

Whether you’re filing jointly or alone, completing the form to remove conditions on Green Card properly is key to protecting your status.

The Green Card remove conditions process can feel complex, but with the right guidance, it’s manageable—and often successful.

Requirements to Remove Conditions on Green Card Through Marriage

To convert your conditional Green Card into a 10-year permanent one, you must show that your marriage was real—and not just for immigration purposes.

This applies whether you’re filing the petition with your spouse or on your own due to divorce, the death of your spouse, or abuse.

USCIS will carefully review your case. That’s why it’s essential to submit strong, well-organized evidence proving the legitimacy of your relationship.

Here are common documents used to remove conditions—Green Card approval depends heavily on this type of proof:

Proof of Shared Life Together

  • Lease or mortgage agreements under both names
  • Joint bank accounts, credit cards, or insurance policies
  • Utility bills or shared service invoices
  • Medical records listing each other as emergency contacts

Photographic and Family Evidence

  • Photos together at events, family gatherings, or vacations
  • Invitations to weddings, baptisms, or holidays where both attended
  • Mail or documents received at the same address

Affidavits (Sworn Statements)

  • Written and signed testimonials from friends, relatives, or coworkers who can vouch for the authenticity of your relationship
  • Each affidavit should include a copy of the signer’s ID

Legal Documents (If Applicable)

  • Birth certificates of children from the marriage
  • Divorce decree or death certificate of the spouse
  • Evidence of abuse, if applying under VAWA protections

Putting together all these documents can feel overwhelming—especially if your personal situation has changed or become complicated.

But missing or weak evidence could put your immigration status at risk.

Working with an experienced immigration attorney can help you stay on track and avoid costly mistakes.

What Happens If My Green Card Is Denied or My Petition to Remove Conditions Is Rejected?

This is a common concern: what happens if your marriage-based Green Card is denied? Or if you already have a conditional Green Card and your petition to remove conditions is rejected?

Common Reasons for Denial

  • Lack of sufficient proof that the marriage is genuine
  • Incomplete or incorrectly filled forms
  • Questions about the intent behind the marriage
  • Missing the deadline to file on time

What Can You Do If You’re Denied?

If USCIS denies your petition, you’ll receive a letter explaining the reasons.

In most cases, they will start removal proceedings, but you have the right to present your case before an immigration judge.

If you submitted your petition correctly and on time, you may be able to appeal the decision or request that your case be reopened—with the help of a qualified attorney.

An experienced immigration lawyer can help you understand your legal options, file an appeal if appropriate, or reopen your case with stronger documentation.

Don’t go through this alone. Getting legal guidance can make all the difference in protecting your right to stay in the U.S.

Can I Still Remove Conditions If I’m Divorced or a Victim of Abuse?

Yes. Even if you’re no longer married, it’s still possible to remove conditions on your Green Card by applying for a waiver. Here are common scenarios:

  • Divorce After Receiving a Marriage-Based Green Card
    You can request a waiver if your marriage ended in divorce, as long as you can prove the relationship was real. You’ll need to include your divorce decree and evidence of the time you spent together.
  • Victims of Abuse: Removing Conditions Under VAWA
    If you experienced domestic violence, you may apply under VAWA protections. You do not need your spouse’s support to file. The process is confidential, and you can remove conditions independently.
  • Death of a Spouse
    If your spouse passed away, you can still apply for a waiver. You’ll need to include the death certificate and documents showing the relationship was genuine.

If you’re unsure how long does it take to remove conditions on Green Card in these situations, timelines may vary—but acting promptly and with legal help improves your chances of success.

What Happens After You Submit the Petition to Remove Conditions?

Once you’ve completed the process to remove conditions on Green Card through marriage, many people wonder: what happens next?

Here’s a simple breakdown of what to expect after you submit Form I-751 to USCIS:

  1. Notice of Status Extension
    You’ll receive a confirmation letter from USCIS stating that your permanent resident status has been automatically extended for 24 months while your case is under review.
  1. Possible USCIS Interview
    In some cases, USCIS may request an interview to confirm the authenticity of your marriage or clarify certain details about your case. Be prepared to attend and bring any additional documents they request.
  1. Approval and 10-Year Green Card
    If everything checks out, USCIS will mail your new 10-year Green Card, officially removing the conditions on your permanent residence.

How Long Does It Take to Remove Conditions on Green Card?

The entire process can take anywhere from 16 to 24 months, depending on your local USCIS office and case volume. Reaching this stage is a major milestone in securing your future in the United States.

Frequently Asked Questions About Removing Conditions on Green Card

  • What if I’m late submitting Form I-751?
    You could lose your legal status. If this happens, act quickly and get legal help to avoid being placed in removal proceedings.
  • Can I travel while my case is pending?
    Yes—but always travel with both your expired Green Card and your USCIS extension letter. These prove your continued legal status.
  • Can I remarry during this process?
    Yes. But USCIS will review whether your previous marriage was legitimate before approving a new adjustment of status.

Protect Your Immigration Status

Removing the conditions on your Green Card is more than a legal requirement—it’s a chance to build a stable, long-term life in the United States with peace of mind.

Meeting deadlines, submitting the right documents, and knowing how to respond to complex situations can make all the difference.

At Moumita Rahman—Immigration Attorneys, we’ve helped hundreds of Latino immigrants navigate this process—even in difficult cases involving divorce, domestic violence, or the death of a spouse. We know how to present your case clearly and confidently before USCIS.

If you’re starting this process, reach out today for personalized legal guidance on how to remove conditions on Green Card and protect your future in the U.S.