What are the requirements for obtaining a Green Card through marriage to a U.S. Citizen after conditional residency?

When an intending immigrant marries a U.S. Citizen (USC) and files for a Green Card (Adjustment of Status or Consular Processing), if the marriage is less than two years old at the time the Green Card is approved, the applicant receives a Conditional Permanent Resident (CR) status, valid for two years. This status is designed to deter marriage fraud.

To transition from conditional residency to a 10-year, unconditional Green Card, the couple must file Form I-751, Petition to Remove Conditions on Residence, jointly. This petition must be filed during the 90-day period immediately preceding the second anniversary of the date the conditional status was granted.

The primary requirement for approval of Form I-751 is demonstrating that the marriage entered into was bona fide (entered into in good faith and not solely for immigration benefits) and that it has not been legally terminated. Since the couple is still married when filing the I-751, they generally submit extensive evidence proving the ongoing nature of their relationship, such as:

• Joint bank statements or credit card accounts.
• Joint leases or mortgages showing shared residence.
• Birth certificates of children born to the couple.
• Joint insurance policies (health, auto, life).
• Affidavits from friends and family testifying to the legitimacy of the marriage.
• Joint tax returns.

If the marriage has ended through divorce or annulment before the second anniversary, the conditional resident must file Form I-751 alone, along with a waiver application, demonstrating that the marriage was entered into in good faith but ended through no fault of their own, or that extreme hardship would result from removal.

Failure to file Form I-751 during the 90-day window results in the automatic termination of conditional resident status and places the individual in removal proceedings. For comprehensive guidance on filing requirements and acceptable evidence, consult the USCIS I-751 instructions.