If you and your spouse don’t live together, it can raise a red flag for the USCIS officers. Proof that you and your spouse are living together: Generally speaking, married couples tend to live together.The following checklist could help as guidance (although proving the good faith of a marriage does not restrict to only these): Considering that now you have been married for about 2 years, there should be enough evidence to prove your marriage is a good faith marriage (or bona fide marriage). Remember that the whole purpose of the I-751 form is to prove the legitimacy of your marriage, so we cannot emphasize how important this step is. The I-751 form is meant to be filed jointly, but there are exceptions You must prove that the marriage is a bona fide marriage: You must submit the application on timeģ. You must prove that the marriage is a bona fide marriageĢ.There are 3 major factors to consider when filing for the form i751 petition to remove conditions on residence: If one of these is your case, please refer to I-751 Waiver to learn more.įor now, let’s assume you and your spouse are still together and your marriage is moving forward (Congratulations by the way!). citizen has died, if there’s evidence of an abusive marriage, or if putting the applicant into removal proceedings will cause extreme hardship on him/her. The i751 waiver can also be a path if the U.S. Citizen spouse because you went through a divorce, there is still a chance for you to remove the conditions of your residency and obtain the 10 year green card if you apply for an I-751 waiver. If you cannot file jointly with your U.S. One thing that you need to consider when filing the I-751 form, is that it is meant to be a “joint filing” process, meaning that you and your spouse should file together. The reason for this proceeding is to avoid granting green cards to applicants from fraudulent or fake marriages that took place only for the purpose of obtaining immigration benefits (marrying only to obtain a green card for example). The objective of the USCIS form i751 is to prove to the USCIS officers that your marriage is a bona fide marriage, meaning that it is a legitimate marriage. please feel free to call us at (213) 375-4084 to discuss the best course of action for your circumstances, including a document review. At The Immigration Law Office of Los Angeles, our attorneys are dedicated to helping married couples, including same-sex couples, with the process of obtaining permanent residency in the U.S. Ensuring that your I-751 Marriage visa petition is successful requires specific documents and proof that the marriage is not simply an attempt to evade immigration laws. Although, if this is not possible, you may still be able to remove the conditions of your residency by filing an I-751 waiver.įiling for permanent residency can be a complex and confusing process, and with so much at stake, it is crucial that couples seek the legal guidance of an experienced immigration lawyer. File jointly, meaning that both you and your spouse must file together.Submit the application within 90 days prior to your conditional green card expiration date.Prove to USCIS that your marriage is a bona fide marriage.Submit a Petition to Remove the Conditions on Residence (Form I-751).To remove the Green Card conditions you must: If you successfully submit this form and it gets approved, then you will move from the conditional permanent resident status to the permanent resident status, and your green card will be valid for 10 years. This is done by submitting the form I 751 petition to remove conditions on residence. you need to remove the conditions of your green card. After this period, if you wish to remain as a permanent resident in the U.S. The conditional green card is valid for only 2 years. If you received your green card by applying to the green card through marriage process (formally known as Adjustment of Status), and your marriage was less than 2 years when your green card was approved, what you received is a conditional green card, known as CR1 visa (Conditional permanent residency).
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