If you migrated to the United States or adjusted your status within the United States through Marriage to a United States Citizen ("USC") or Lawful Permanent Resident ("LPR"), you might have been granted a temporary status of Legal resident. You might have been issued a green card but this green card is conditional and expires at the end of second year from the date of issue. Thus, you are a green card holder for all purposes but subject to the temporary status unless the condition on this temporary status has been removed.
An applicant must file I-751, Petition to Remove the Conditions of Residence, to remove conditions on their lawful status. It is expected that this petition must be filed jointly by both the USC or LPR and the spouse holding the temporary status of residency (exceptions to this expectation will be discussed in a separate blog post).
Evidence when filing jointly: The evidence is very similar to which you already have submitted when you filed the I-130 application to petition your spouse. This evidence is to show the agency that your marriage was entered in good faith and there is no foul play or any intention to deceive the United States government for immigration benefits. You can submit the following evidence (this list is not exhaustive and only listed as an example):
- Your marriage Certificate;
- Birth Certificate of your children;
- Joint titles held for any real or personal property;
- Joint bank account statements;
- Joint insurance statements;
- Joint lease agreements, if any;
- Expenses from joint account that are used in the normal course of your faith marriage;
- Mortgage contracts if held jointly;
- Sworn Affidavits from at least people two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.
As noted above, this list is not exhaustive and only presents an example of types of documents that must be submitted. Please bear in mind that you must conduct your own research and submit as many relevant documents as you have to show that your marriage was entered in good-faith and it continues to be a good-faith marriage. If the agency finds that your marriage was either not entered in good-faith or it appears to be a marriage that no longer operates in good-faith, your application will be rejected. The affected spouse and children who also gained temporary status through this marriage will lose all of their privileges that stem from the conditional permanent residence status. The status is usually terminated on the date listed on the rejected letter and it instructs the affected spouse to immediately turn in their green card.
If you need help with your I-751 petition, we can help you file this very important petition and ensure that your petition is successful before the USCIS. Additionally, you will benefit from our immigration expertise and expert guidance on every step along the way.
The Singh Law Office—a California Immigration lawyer—can help you protect your important immigration rights before the Court. Inderraj Singh, Esq., aggressively fights for his clients and successfully appeared in immigration courts to protect the interests of his immigrant clients.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
