This application is for a conditional resident who obtained such status through marriage to apply to remove the conditions on his or her residence.
In order to send your petition you must be eligible.
Am I eligible to apply for a Petition to Remove the Conditions on Residence?
Is your condition residence is based on your marriage to a U.S. citizen or permanent resident, and they are filing this petition together?
Are you a child who entered as a conditional permanent resident and are you unable to be included in a Joint Petition to Remove the Conditional Basis of Alien’s Permanent Resident filed by your parents?
Is your conditional residence is based on your marriage to a U.S. Citizen or permanent resident, but you are unable to file a joint petition and you request a waiver because:
- Your spouse is deceased.
- You entered into the marriage in good faith, but the marriages was terminated though divorce/ annulment.
- You are a conditional resident spouse who entered in to the marriage in good faith, or you are a conditional resident child, who has been battered or subjected to extreme mental cruelty by your citizen or permanent resident spouse or parent.
- The termination of your status and deportation from the United States would result in an extreme hardship.
Effect of Not Filing: If this petition is not filed, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted this status.
You will then become subject to deportation from the United States.
If your failure to file was through no fault of your own, you may file your petition late with a written explanation and request that USCIS excuse the late filing. Failure to file before the expiration date may excused if you demonstrate when you file the application that the delay was due to extraordinary circumstances beyond your control and that the length of the delay was reasonable.
Filing jointly: If you are filing this petition jointly with your spouse, you must file it during the 90 days immediately before the second anniversary of the date you were accorded conditional resident status. This is the date your conditional residence expires. However, if you and your spouse are outside the United States on orders of the U.S. Government during the period in which the petition must be filed, you may file within 90 days of your return to the U.S.