How to remove conditions on my Green Card?

To remove conditions on a conditional Green Card received based on marriage, you need to file Form I-751 with the USCIS.

To remove conditions on a conditional Green Card received based on investment, you need to file Form I-829 with the USCIS.

If you receive a 2 year Green Card then it is a conditional Green Card and you need to remove the conditions on it before it expires. If your conditional Green Card is lost, stolen or damaged then you might be able to replace your conditional Green Card.

If you are a lawful permanent resident and you have a 10-year green card then you can either renew it, replace it or apply for citizenship if eligible. You are not required to remove conditions of residence on the Green Card as you are not a conditional permanent resident.

Assuming that you are here to learn about removing the conditions of residence let’s continue.

2 year Green Cards which are the conditional Green Cards are given to certain people who apply for permanent residence based on marriage or based on an investment in the U.S

Even though the conditional Green Card expires in 2 years the process to remove conditions, the forms used, the cost of removing conditions and the time it takes to process the application varies vastly since there are two different scenarios to get a conditional Green Card.

Let’s learn more about removing conditions on conditional Green Card received through marriage and conditional Green Card received through investment in detail.

Marriage based Green Card

A person may obtain a Green Card by marrying a U.S. citizen or a Green Card holder and applying for permanent residency.

But the type of Green Card provided will vary based on the age of the marriage. 

If your marriage was less than two years old on the day you were granted permanent residence, then USCIS issues a conditional green card. It doesn’t matter if you have entered the U.S. on an immigrant visa and got a Green Card or you adjusted your status when you were inside the U.S.

The conditional Green Card as mentioned has just 2 years of validity. The conditions on your Green Card must be removed before it expires or else you will lose your permanent residency status. 

Continue reading to understand the process of removing conditions on a marriage based conditional Green Card.

How to remove conditions on marriage based Green Card?

To remove conditions on a marriage based Green Card you need to file Form I-751 with the USCIS.

Preparing your Form I-751 could be complex, confusing and time consuming if you do it on your own. But by using our form preparation online service you can get rid of all the issues. So consider using our Form I-751 online preparation service.

Before you file your form you need to meet some eligibility criteria.

Eligibility Requirements to remove conditions on marriage based Green Card

Form I-751 requires a joint filing by you and your spouse. In some cases there can be an exception and you may file individually. General you may file Form I-751 to remove conditions on residence if you meet any of the eligibility criteria given below:

  • You are still married to the same U.S. citizen or permanent resident for 2 years. You may also include your children in your application if they received their conditional-resident status either at the same time or within 90 days as you did.
  • If you are a child and, for some valid reason, you cannot be included in your parents’ application.
  • You were married to your spouse in good faith but now you are a widow or widower.
  • You were married to your spouse in good faith but now you are divorced.
  • You were married to your spouse in good faith but you have been abused or subjected to extreme hardship by your spouse.
  • You are a child and your parent married his/her spouse in good faith but you have been abused or subjected to extreme hardship by your parent’s spouse or by your conditional resident parent.

When to apply for removing conditions on marriage based Green Card?

As mentioned in the eligibility section you can file Form I-751 jointly or individually. The time frame when you should File Form I-751 changes based on the method of filing.

Filing Jointly: If you are filing jointly then you need to file Form I-751 in the 90-day period before the conditional Green Card expires.

Filing individually or filing with a request to waive the joint filing requirement: You may file form I-751 anytime after you received your conditional Green card and before you are removed from the United States if

  • You are divorced. 
  • Your spouse is deceased.
  • You were battered or subjected to extreme hardship by your spouse.
  • You were battered or subjected to extreme hardship by your parent’s spouse or by your conditional resident parent.

Failing to file Form I-751 will strip you of your residency status and you will be removable from the United States. However in some special cases where you were not able to file Form I-751 in time you might still be able to file. For more information check USCIS.

What is the cost of removing conditions on marriage based Green Card?

The cost to remove conditions on a marriage based conditional Green Card includes a filing fee for Form I-751 and biometric fees for each person applying through the same form. Cost of filing Form I-751 is $595 and $85 biometric fee for each person applying through the same form.

How long does it take to remove conditions on a marriage based Green Card?

Generally, it takes about 10 to 38 months to remove the conditions on a marriage-based Green Card. 

How to remove conditions on investment based Green Card?

To remove conditions on a investment based Green Card you may file Form I-829 with the USCIS.

Eligibility Requirements to remove conditions on investment based Green Card

  • You were actively investing a required capital (e.g., $1,000,000 or $500,000 for Targeted Employment Areas) in your new enterprise. 
  • You are a good investor and maintained your investment over a two year period.
  • Have given full-time jobs for employees.

When to apply for removing conditions on investment based Green Card?

You need to file Form I-829 in the 90 day period before the card expires.

Failing to file will strip you of your residency status and you will be removable from the United States. However in some special cases where you were not able to file Form I-829 in time you might still be able to file. For more information check USCIS.

What is the cost of removing conditions on investment-based Green Card?

The cost to remove conditions on a investment based conditional Green Card is $3835 which includes a filing fee for Form I-829 of $3750 and $85 biometric fee. If additional people are included in the same form then each person has to pay a biometric fee of $85.

How long does it take to remove conditions on an investment-based Green Card?

Usually, it takes about 22.5 months to 45 months to remove conditions on an investment based Green Card.