Removal of Conditions on Residence

If your green card came through a marriage that was less than two years old when you became a resident, your card is conditional and expires after two years. To keep your status, you must ask USCIS to remove the conditions by filing Form I-751, Petition to Remove Conditions on Residence. Missing the deadline or filing a weak petition can end your residence and lead to removal proceedings. Our office helps conditional residents in Atlanta, Norcross and throughout Georgia file on time with the evidence USCIS expects.

Who has conditional residence

Under INA 216, a spouse who obtains permanent residence based on a marriage that is less than two years old receives conditional status. The same applies to children who immigrate with or through that spouse. Your green card will show a two-year expiration date and a category code that begins with “CR.” Investors who become residents through EB-5 also receive conditional status, but they file a different form (Form I-829), which this page does not cover.

Filing jointly: the 90-day window

If you are still married, you and your spouse generally file Form I-751 together. A joint petition must be filed during the 90 days immediately before your conditional green card expires. If you file even a day before the window opens, USCIS may return the petition. If you miss the window, your conditional status ends automatically. USCIS will then send a notice, and the case can be referred to immigration court.

A late petition is not always fatal. USCIS can accept a late joint petition if you include a written explanation showing good cause for the delay. That is a discretionary decision, so do not rely on it.

Filing with a waiver of the joint filing requirement

You may file without your spouse if you can show one of the following:

• Your spouse died, and you entered the marriage in good faith.
• You entered the marriage in good faith, but it ended in divorce or annulment.
• You entered the marriage in good faith, but you or your child were battered or subjected to extreme cruelty by your spouse.
• Ending your status and removing you would cause you extreme hardship.

A waiver petition is not limited to the 90-day window. It can be filed any time after you become a conditional resident and before a final removal order. If your divorce is still pending, USCIS may ask for the final decree before it decides the case, so timing should be planned with your family law case in mind. Petitions based on abuse are protected by confidentiality rules, and you can use a safe mailing address.

Proving the marriage was real

The central question in every I-751 case is whether the marriage was entered in good faith, not simply to obtain a green card. The marriage does not need to have lasted. It needs to have been genuine when you entered it. Strong evidence usually covers the full period since you became a resident:

• Joint leases, mortgage statements or property deeds
• Joint bank, credit card and utility accounts with activity in both names
• Joint federal and state tax returns, or IRS transcripts
• Insurance policies listing each other as spouse or beneficiary
• Birth certificates of children born to the marriage
• Photographs over time, travel records and messages
• Sworn statements from friends and relatives who know you as a couple

Quality matters more than volume. A few documents showing that you shared a home and finances usually carry more weight than dozens of photos. If you lived apart for work, school or military service, explain why and show how you kept the marriage going.

What happens after you file

USCIS sends a receipt notice that extends your conditional green card for 48 months beyond its printed expiration date. Carry the receipt notice with your green card as proof of status for work and travel. USCIS then schedules biometrics. It may approve the petition based on the documents, request more evidence, or schedule an interview, often at the Atlanta Field Office for Georgia residents. Since 2025, USCIS has updated its policy guidance on spousal petitions and family-based vetting. Expect your evidence to be checked closely.

If USCIS approves the petition, you receive a 10-year green card. If it denies the petition, there is no appeal to USCIS, but you may ask an immigration judge to review the petition in removal proceedings.

Removal of conditions and citizenship

Time as a conditional resident counts toward naturalization. If you are still married to and living with your U.S. citizen spouse, you may be eligible to apply for citizenship three years after you first became a resident. That can happen while your I-751 is still pending. USCIS can decide both cases at the same time, but it will not approve naturalization until the conditions have been removed.

Common mistakes we see

• Filing before the 90-day window opens, or forgetting the deadline entirely
• Sending only photographs and no financial or residential records
• Filing a joint petition after the couple has separated, without addressing the separation honestly
• Traveling abroad without the receipt notice that extends the green card
• Filing a waiver while a divorce is pending without planning for the final decree
• Ignoring a prior arrest or immigration violation that should be disclosed

Hypothetical: A conditional resident in Duluth separated from her husband a year after she received her green card, and the divorce is pending. Her card expires in four months. Rather than wait for the 90-day window and a joint filing her husband will not sign, she could file a waiver based on a good-faith marriage. She would include their lease, joint bank records, tax returns and statements from friends. USCIS will likely ask for the final divorce decree, so she sends it as soon as the court issues it.

Read more on the USCIS Form I-751 page. You can also learn about our green card services and our help with citizenship and naturalization.

This page reflects USCIS guidance as of November 2026. Rules and procedures change, so confirm current requirements before you file.

How our office can help

If you are looking for a removal of conditions lawyer in Atlanta, our office can calculate your filing window, decide whether a joint petition or waiver fits your situation, organize evidence that shows a good-faith marriage, prepare you for an interview, and represent you in immigration court if USCIS denies the petition.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.