CONDITIONAL PERMANENT RESIDENT JOINT FILING
You may see a “CR6” category on your permanent resident card (Green Card). If your green card was issued when you were married to your U.S. citizen or Lawful Permanent Resident spouse for less than less than 2 years, your green card was issued on a conditional basis. The conditional 2-year green card is used to discourage fraudulent marriages. As you approach your conditional green card expiration, you must file to remove the conditions on your residency.
How do I know if my green card is conditional residency?
Check your green card, if the category on the card reads “CR6” and has an expiration date that ends 2 years after issuance, you are a conditional resident. Other categories requiring removal of conditions include: CR1, CR6, CF1, CR2, CR7, CF2.
File a joint petition with your petitioner spouse to remove the conditions on permanent residence (Form I-751) if:
- You are still married to the U.S. citizen or lawful permanent resident who filed your initial green card case.
- You are a child and cannot be included on your parent’s Form I-751 and your parent is still married to the spouse who filed your parent’s initial green card case.
There are times when you are unable to file a joint petition:
- The spouse or stepparent who filed for your initial green card is deceased;
- You entered into the marriage with your petitioner spouse in good faith, but have divorced or annulled the marriage; or
- Removal and termination of your status would result in extreme hardship.
When to file?
90 days before your conditional residence expires: File your I-751 no more than 90 days before your conditional permanent residence expires, If you are still married and filing jointly.
If you, your spouse or your stepparent are stationed or deployed overseas for military service, you may be eligible for alternate filing deadlines. Contact our office for more information specific to your situation.
When should I contact Scarborough Law to start my case?
The team at Scarborough Law will guide you in the collection of documents, proper documentation, and will prepare all forms for you. We are here to help! Contact us no later than 120 days prior to the expiration of your conditional green card.
If you are divorced, separated, widowed or a widower, were battered or subject to extreme cruelty, or in removal proceedings or otherwise cannot file jointly with the petitioning spouse, you will need a waiver to the joint filing requirement or, if your spouse is deceased will need an individual filing request. Contact us as soon as an issue arises for advice on how to proceed. Since failure to timely and properly file the removal of conditions and any required waiver, may result in deportation or removal, our legal team will advise you on all aspects of the filing.
What happens if I am separated or file for divorce?
Contact us immediately. If you are separated or file for divorce, you can proceed with joint filing until the marriage is legally terminated, or the U.S. citizen or lawful permanent resident refuses to support the removal of conditions. At times, when there are issues in a marriage, the U.S. citizen or lawful permanent resident spouse will refuse to support the application with evidence regarding the good faith marriage. Therefore, it is critical that you gather copies of joint documents so that you are able to demonstrate that you entered into the marriage in good faith.
What documents do I need to collect?
The documentation providing the validity of your marriage or that you entered into the marriage in good faith vary based on your family circumstances and should be collected from the time you obtain your conditional residence. Joint documents may include, but are not limited to, tax returns filed jointly, joint bank statements, joint insurance documents, affidavits, photos with family, and birth records for children.
What if I didn’t file to remove conditions before my green card expired?
If you don’t file a Form I-751 before your green card expired, your conditional residence will automatically be terminated, unless you fall within one of the below exceptions.
- If you can prove that the failure to file was no fault of your own, we can assist you in filing your late petition. We will guide you on the evidence and explanation needed.
- If your U.S. citizen spouse is employed abroad, or qualifying military service, you may be eligible for naturalization
Why can’t I just file to renew my green card for 10 years?
If you are a conditional resident, you cannot simply file a Form I-90 to renew your green card for 10 years. You must remove the conditions of your residency.
If your 10-year lawful permanent residence is expiring (Classification IR1, IR6 IB1, IB6, IW1, IW6, IF1, IR4, IR5, IR9, IR5, and others), you may renew your status by filing a Form I-90. Always check your green card for the correct category before proceeding with the I-90.
For further information and to start your case with Scarborough Law, contact us today https://scarboroughlaw.com/contact-us/