Conditional residency is essentially a probationary period for new lawful permanent residents who obtain their residency through marriage to a U.S. Citizen. When a U.S. Citizen and a foreign national are married the foreign national is entitled to apply for lawful permanent resident status in the U.S. If the foreign national applies and his or her petition is granted the USCIS will grant the applicant a 2 year conditional residency. For all practical purposes the conditional resident has all the rights and privileges afforded a non-conditional lawful permanent resident; however, a conditional resident must file a petition to remove conditions on his or her residency at the end of the two year probationary period.

The conditional residency requirement was created as part of the Marriage Fraud Act and is intended to root out fraudulent marriages. As a result, conditional residents must file a petition (jointly with their U.S. spouse) during the 90 day period before expiration of their conditional residency. The petition is fairly simple but it is important that you provide the appropriate supporting documentation to demonstrate that you have been living with your spouse as a marital couple. Examples of such evidence include mortgages in both parties names, leases, utility bills, joint bank accounts, etc. For most couples this is a relatively painless process but it can become quite complex if there is a separation or divorce prior to the expiration of the 2 year conditional residency.

VisaAmigo will be publishing a guide this year with detailed information about filing the petition to remove conditions on residency. In the mean time, please see our previous article about planning for the petition to remove conditions.

The USCIS form for this procedure is the I-751.