What Is a Conditional Green Card for the Spouse of a U.S. Citizen?

 Posted on September 24, 2023 in Green Card

When a foreign national marries a U.S. citizen, they may be eligible to obtain a Green Card. This will provide them with lawful permanent resident status and allow them to continue living in the United States. However, there are some cases where conditional Green Cards may be issued to spouses of U.S. citizens. A conditional Green Card will be valid for two years, and before it expires, steps must be taken to ensure that an immigrant spouse will be able to maintain permanent residence in the United States. An immigration attorney can provide guidance for U.S. citizens and immigrant spouses, helping them understand when conditional Green Cards may be issued and how to remove the conditions on permanent residence.

The CR1 Visa for Spouses

In many cases, spouses of U.S. citizens will be eligible for IR1 visas. If this type of visa is approved, a spouse will be granted lawful permanent resident status. However, if a couple has been married for less than two years when applying for a visa, the immigrant spouse can receive a CR1 visa that will provide them with conditional permanent resident status.

The CR1 visa is meant to help prevent marriage fraud in which U.S. citizens marry foreign nationals solely to provide them with immigration benefits. To be granted a spousal visa, a couple will need to demonstrate that they got married in good faith and that their relationship is genuine.

Fiancé Visas – An Alternative Option

For couples who have not yet gotten married, a fiancé visa may be an option for obtaining a Green Card for an immigrant who plans to travel to the United States to get married to a U.S. citizen. The K-1 Fiancé Visa will provide an immigrant fiancé with authorization to enter the United States, and after the couple gets married, a conditional Green Card will be issued.

To qualify for a fiancé visa, a couple must meet certain requirements:

• Evidence must be provided showing that the couple has met in person within the two years prior to filing their petition. In some cases, exceptions to this requirement may apply if meeting prior to marriage would violate long-established customs or traditions or create extreme hardship for the U.S. citizen.

• A couple must intend to get married within 90 days after the foreign fiancé’s arrival in the United States.

• The couple must be free to be legally married.

Removing Conditions on a Green Card

A conditional Green Card will expire after two years. During the 90-day period before the expiration of the Green Card, the spouses will need to file Form I-751, Petition to Remove Conditions on Residence. Failing to meet this deadline may result in the termination of the immigrant spouse’s legal permanent resident status and they could face deportation.

When seeking a permanent Green Card, a couple will need to show that they are still married and that their marriage is legitimate. They may need to provide evidence that they are in a long-term, committed relationship, such as lease or mortgage documents showing that they live together, financial records showing that they share bank accounts, or birth certificates for children they have had together.

If a couple’s marriage ends before the expiration of a conditional Green Card, the immigrant spouse may be able to file a petition for a permanent Green Card on their own. If the marriage ended in divorce or because of the death of the U.S. citizen spouse, the immigrant spouse will need to provide evidence that they entered into the marriage in good faith. He or she may also be able to show that they were subject to abuse by their U.S. citizen spouse or that the termination of their permanent resident status and deportation from the United States would cause them to experience extreme hardship.

Contact Our U.S. Green Card Attorneys

If you are facing any issues related to a conditional Green Card, or if you need assistance with removing conditions on permanent residence, it is crucial to consult an experienced immigration attorney. At Immigrate Lawyer, our United States Green Card lawyers can assist with visa and Green Card applications, and we can help you provide the necessary documents to show that you entered into your marriage in good faith. To set up a free consultation and learn more about our immigration services, contact us at 844-IMIGRAR.