Individuals who enter the United States based upon marriage to a US citizen or permanent resident usually enter as “conditional residents.” This means that their status in the United States is conditional upon their marriage, and is valid for two years.
For individuals who remain married and live with their spouse as husband and wife, within 90 days of the expiration of their conditional residence status they must file an I-751, Petition to Remove the Conditions of Residence. For most individuals, this process is fairly straight forward and they will receive their permanent residence card valid for 10 years. However, complications may arise for conditional residents who did not live with their spouse during their two years in the United States, or if they have separated from their spouse prior to filing the I-751.
If you are in the United States as a conditional resident and are unable to file a joint I-751 for any reason, it is important to contact an immigration attorney immediately. Call (651) 756-8781 or email to schedule your free consultation.