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Conditional Permanent Status Overview
After your marriage, your new spouse will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time of adjustment to permanent residence status. The difference between you and an unconditioned permanent resident is that your permanent resident status will expire in two years from when it was given, unless you successfully petition to have the condition removed. As a new couple you need to file the Form I-751 during the 90-day period immediately before the second anniversary of the date your alien spouse was granted conditional permanent residence.
You will be sent a letter from the USCIS Department of the decision on your petition.
Failure to file Form I-751, Petition to Remove the Conditions on Residence, will result in termination of permanent residence status and initiation of removal proceedings.
 Download Form I-751 - Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.
Note: You may file this petition even if the marriage has ended or the spouse has subsequently died. Refer to the Form I-751 for more information and additional instructions on filing requirements.
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Additional Requirements with the I-751 Petition
- Permanent Resident Card
You must file your petition with a copy of your Permanent Resident Card or Alien Registration Card, and a copy of the Permanent Resident or Alien Registration cards of any of your conditional resident children you are including in your petition. Submit copies of both front and back sides of the card.
- Photographs
The conditional resident filing this petition must submit two standard passport-style photographs of him or herself taken within 30 days of submission of the petition. The photos should be 2x2 inches in size and have a white background.The photos should be glossy and not retouched or mounted.The dimension of the facial image should be about 1 inch to1 3/8 inches from the chin to the top of the hair in a full frontal view. Using a pencil or felt pen, lightly print your name and Alien Registration Number (A#) on the back of the photographs.
- Evidence of the Relationship
Submit copies of documents indicating that the marriage upon which you were granted conditional status was entered in ''good faith'' and was not for the purpose of circumventing immigration laws. Submit copies of as many documents as you wish to establish this fact and to demonstrate the circumstances of the relationship from the date of the marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended. The documents should cover the period from the date of your marriage to the filing of this petition.
Some examples of evidence of relationship are birth certificate(s) of child(ren) born to the marriage or lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence. Refer to the Form I-751 for further examples of evidence of relationship.
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What is the Fee?
The fee for filing this petition is $205USD.
Please note that fees can be changed without notice, please refer to the USCIS website for the latest fees.
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