Your green card (visa) would be considered “conditional” and only be valid for two years if you and your spouse were not married for more than two years at the time of approval.
You need to understand the advantages and restrictions of having a conditional green card and how it will affect your family. The next step to become a permanent resident of the United States is to file for Removal of Conditions and receive a 10-year green card.
This article will take you through the costs, requirements, and expected processing time for a conditional permanent resident status in the US.
What is Conditional Permanent Residency?
Instead of a permanent green card that is renewable and valid for ten years, a conditional permanent resident is granted a non-renewable green card for only two years.
You have ninety days before your conditional Green Card expires to file a petition to remove the conditions on your permanent residence status. Regarding marriage-based immigration, you must demonstrate that your marriage is lawful after the first two years.
Once done, you can apply for a “permanent” green card suitable for ten-year renewable periods.
What is the Cost of the Conditional Permanent Resident in the US?
- I-130 Filing Fee – $675 (paper) or $625 (online)
- DS-260 – $325
- Medical Exam $100 – $500
- USCIS Immigrant Fee (if outside the US) – $220
- I-485 Filing Fee (if inside the US) – $1,440
The cost of a medical exam varies based on the facility. When applying for a CR1 visa, remember you will be granted a conditional green card for only two years.
After that time has passed, you will need to complete the I-751 form to remove the conditions on your green card. At the moment, filling out this form costs $750.
Requirements for the Conditional Permanent Resident in the US
To apply for a spouse visa to the United States, you must meet specific requirements established by the US Citizenship and Immigration Services (USCIS).
Relationship Validity
You must provide a valid marriage certificate to demonstrate your legal marriage to a US citizen or lawful permanent resident. Submit documents that show your relationship is authentic.
This should include joint evidence, joint bank accounts, utility bills, photos, correspondence, and affidavits from friends and family.
Financial Requirements
Form I-864, Affidavit of Support, must be submitted by the US citizen or permanent resident spouse. By completing this form, the immigrant spouse’s US sponsor guarantees their financial support and keeps them off public assistance.
The sponsor must make the required minimum income, usually 125% of the Federal Poverty Guidelines, to provide financial stability.
Legal Status of the Sponsor
The US sponsor must provide evidence of their citizenship or lawful permanent residency. Acceptable documents include a US passport, naturalization certificate, or green card.
Medical Examination
An authorized physician must do a medical examination on the applicant. A physical exam and a check of immunization records are part of the test to ensure the applicant is free of any conditions affecting their admission.
Background and Security Checks
A police clearance certificate from any nation you have resided in for six months or more since you were sixteen may be needed. Make an appointment for biometrics to supply pictures, fingerprints, and other biometric information required for background checks.
Additional Documentation
Provide divorce decrees or death certificates as proof of the dissolution of previous marriages if either partner has been married.
A certified and translated birth certificate proving parenthood must also be provided. Send in a passport that is currently valid and has the required visa pages for the stamp.
How to Apply For Removal of Conditions
Form I-751, the “Petition to Remove Conditions,” is required to obtain a permanent green card if you or your spouse currently hold conditional permanent residency. The following are some crucial points to keep in mind:
- Time is of the essence: The 90-day period before your conditional permanent status expires is when you must file your I-751. If your application is submitted too early, it will be returned; if it is submitted too late, it will be rejected—especially if you cannot justify the delay.
- It is a joint petition, Form I-751: The form must be jointly completed by the two spouses and signed by them both.
- You’ll need to prove that your marriage is legitimate: Given that you have been married for two years longer, USCIS anticipates you will have updated pictures of each other, shared bank records, and perhaps even children. The same kinds of proof that you submitted with your initial application for a green card should be included here, but it should be proof that you have gathered since your initial application was granted.
- A copy of your conditional green card’s front and back and the required $750 filing fee must be included.
- To have their residency requirements lifted, couples had to appear in person for an interview with a USCIS inspector before April 7, 2022. After April 7, 2022, USCIS may choose to waive the interview if the evidence submitted by the couple is strong enough to convince the reviewing officer that the marriage is legitimate.
What Happens if You Fail to Remove the Conditions
When your conditional green card expires, you will be “out of status” if you don’t remove the restrictions on your permanent residency.
In any case, you will begin to accrue “unlawful presence,” which might result in a three- or ten-year ban from the United States if you departed and attempted to return. You could very well be placed in deportation proceedings.
Reasons you Might be Denied
There are typically only three reasons that an application to remove the conditions on permanent residency might be denied. They include:
- Applying late without providing evidence of extenuating circumstances
- Failing to provide enough documentation that you and your spouse have built a life together
- USCIS suspects that your marriage is fraudulent.
It’s possible to avoid all those reasons for denial by filing Form I-751 at the right time, providing strong evidence that you’ve built a life with your spouse, and responding to any Requests for Evidence (RFEs) you get from USCIS.
Processing Times for the Conditional Permanent Resident in the US
Several variables, including the applicant’s place of origin, the volume of work handled by US Citizenship and Immigration Services (USCIS) and the National Visa Center (NVC), and any potential delays in document processing or interview scheduling, might affect the timetable for CR1 applications. Nonetheless, the following broad schedule can be used to describe each step of the application process:
- Form I-130 processing time is currently estimated at 14 months, according to the USCIS processing time website. This time-frame could change depending on several factors.
- National Visa Center (NVC) processing time could take 3 weeks to several months.
- The consular interview is typically scheduled within 3 months after completing the NVC processing time.
- Form I-485 (if currently in the USA) processing time is currently estimated at anywhere from 10 to 24 months.
Depending on the specifics of each case and the current processing times, the complete CR1 visa process may take one to two years.
To reduce processing delays, applicants should keep a close eye on the status of their cases, reply quickly to requests for more information, and ensure all necessary paperwork is provided correctly.
Frequently Asked Questions
What if my spouse dies while I’m a conditional permanent resident?
You will need to file Form I-751 and attach a copy of your spouse’s death certificate along with any proof you have of the life you shared if your spouse passes away before you can lift the conditions on your permanent status.
In this case, you do not have to wait ninety days before your conditional permanent residency expires; you may file your Form I-751 between the time of your spouse’s death and the expiration of your green card.
What if my marriage ended, but the termination of my residency would result in “extreme hardship” for me?
This is the most challenging category since, in theory, you don’t have to provide evidence that you got married for purposes other than obtaining a green card or in good faith.
Instead, you are expected to attest that returning to your native country will cause you to experience “extreme hardship.” Applications alleging “extreme hardship” are reviewed by USCIS, which considers only circumstances that have changed after your first green card approval.
For instance, it may be considered “extreme hardship” if a civil war breaks out in your nation of origin between the time you apply for your marriage-based green card and when you are utilizing it to remove the constraints on it.