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What is Conditional Permanent Residency?

If the marriage is less than two years old when the foreign-born spouse receives residency, both spouses must submit a joint petition (form I-751), the "Petition to Remove the Conditions on Residence."

The I-751 has two purposes. The I-751 is used as a joint petition for the immigrant and the U.S. citizen (or lawful permanent residents spouse) to petition for the removal of the condition. The I-751 is also used as an application for the immigrant to apply for a waiver of the requirement to file the joint petition.

Conditional residence is given for two years, if the parties were married for less than two years on the day of adjustment or admission to lawful residence. INA 216 (a) (1) and (g). The statute requires that the parties to the marriage submit a joint petition to remove the conditional basis of the status, within the last 90 days of the status. Failure to do so results in the loss of the status, at the end of the two-year period.

The I-751 must be signed by both parties, the filing fee of $110, and documents establishing that the marriage was entered into in "good faith" and not the purpose of evading the immigration laws. This evidence can include birth certificates of the children born to the marriage, financial record showing joint ownership of assets, and affidavits of "at least two people." The filing receipts of the I-751 is actually an extension of the residence card, and is valid for one year.

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