When a foreign national marries a US citizen they are allowed to apply for permanent resident status in the US but if the couple has been married for less than 2 years, the foreign national will be granted Conditional Residency. Conditional Residency is basically for two years. When the foreign national spouse receives conditional residency, both spouses must submit a joint petition to the USCIS to remove the conditions on the residency i.e. I-751. The US Congress established the conditional residence period to combat a perception that many foreign nationals were using marriage to gain permanent residence in the US. At the end of the conditional period you have to verify to the USCIS that the marriage was entered into in good faith and not for immigration benefits alone, i.e., you have to prove that you did not get married to evade the immigration laws of the United States. Once your petition is approved, you will be granted a 10-year permanent resident card.
Conditional Residence? What is it all about?
Because of the perception of a high incidence of marriage fraud Congress established the conditional residence period. At the time a foreign national obtains 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, and the requirements for removal of the conditions. The notice should include a statement of what will happen if you fail to file a petition to remove the conditions. The USCIS does not send a second notice at the end of the conditional period to conditional residents to remind them to file the petition for removal of conditions.
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. You must file a Form I-751, Petition to Remove the Conditions on Residence, with the USCIS. All petitions should be sent to the Service Center that serves the area where you live. Failure to file will result in loss of your permanent resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.
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