Visa Amigo

Your immigration law guide.

Planning Ahead for Your Petition to Remove Conditions on Residency

When a person obtains their lawful permanent residency status through marriage to a U.S. Citizen their lawful permanent residency status is conditional for two years. Within 90 days before the expiration of the conditional lawful permanent resident card the LPR is required to file a petition to remove the conditions on his or her residency. Filing this petition and the petition process can be very easy if you plan ahead.

Essentially, this process requires you to establish that your marriage was a bona fide marriage and not a shame or fraudulent marriage. In order to establish this, when it is time to file your petition to remove conditions you will need to provide the USCIS with evidence that you and your spouse have been living as husband and wife. This is accomplished with providing copies of such things as bank statements, leases, mortgages, utility bills, and other financial documents showing joint ownership between you and your spouse. You can also submit copies of birth certificates of any children born to the marriage as well as photographs and other similar items to show that your relationship is a legitimate marriage.

Once you receive your initial lawful permanent resident card it is a good idea to start collection some of the supporting documentation that will be required when you apply to remove the conditions on your residency. Perhaps the easiest way to do this is to by a simple folder and start collection copies of these documents. When it is time to file your petition you can simple gather these documents and submit them to the USCIS.

Makes sure to make your calendar 90 days before your conditional lawful permanent residency card expires so you do not forget to file.